U.S. Court of Appeals for the Ninth Circuit, 1985

United States v. Stanert

United States v. Stanert
U.S. Court of Appeals for the Ninth Circuit · Decided August 28, 1985 · Boochever, Goodwin, Poole
769 F.2d 1410 (Federal Reporter, Second Series)

United States v. Stanert

Opinion of the Court

ORDER

The opinion in this case, which was filed June 5, 1985, 762 F.2d 775, is amended by adding a footnote 1 at the end of the third full paragraph in Part III, at p. 780, beginning, β€œIn his motion for an evidentiary hearing before the district judge____” Footnote 1 shall read:

The question whether a defendant has made a sufficient preliminary showing to entitle him to a Franks [v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978)] hearing is reviewable de novo. United States v. Ritter, 752 F.2d 435, 439 (9th Cir. 1985).

As amended, the panel has unanimously voted to deny the petition for rehearing. The mandate shall issue in accordance with Fed.R.App.P. 41(a).

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