United States v. Argueta
United States v. Argueta
Opinion of the Court
MEMORANDUM
Appellant Argueta contends that the district court erred in denying the
Argueta also contends that the district court improperly denied his motion to reconsider the denial based on an allegation of a Franks v. Delaware violation. We disagree. Argueta failed to make a substantial preliminary showing that there was a Franks violation. There was ample evidence to support the probable cause determination even if the affidavit included reference to Argueta’s prior (but limited) cooperation with local police. Moreover, had the agent mentioned Argueta’s prior cooperation in the'affidavit, the decision to find probable cause would have been strengthened because Argueta’s prior cooperation focused on what he knew of the Nava-Banuelos Organization.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.