United States v. Campbell
United States v. Campbell
Opinion of the Court
MEMORANDUM
To be entitled to a Franks
“ Whether ... omissions are intentional or reckless is a factual finding reviewed under the clearly erroneous standard.’ ”
Because Campbell did not make a substantial preliminary showing that the omission was made either recklessly or intentionally, the district court did not err.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
. Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978).
. United States v. Collins, 61 F.3d 1379, 1384 (9th Cir. 1995).
. Compare United States v. Hall, 113 F.3d 157, 159 (9th Cir. 1997) (deciding the second issue when the Government conceded the first).
. United States v. Bertrand, 926 F.2d 838, 842 (9th Cir. 1991) (quoting United States v. Dozier, 844 F.2d 701, 705 (9th Cir. 1988)).
. United States v. Miller, 753 F.2d 1475, 1478 (9th Cir. 1985) (holding that although “[fit might have been prudent for, the federal agents to check on the [confidential informant's] background and criminal record, ...
. United States v. Meling, 47 F.3d 1546, 1554 (9th Cir. 1995).
Reference
- Full Case Name
- United States v. Gregory CAMPBELL
- Status
- Published