United States v. Thao Tran

MEMORANDUM

Thao Hieu Tran (“Tran”) appeals his convictions for conspiracy to distribute marijuana and possession with intent to distribute marijuana, claiming the district court erred by denying his motion to suppress evidence obtained by wiretap because the government omitted information from its wiretap application that would have altered the finding of necessity for the wiretap. We affirm.

To receive an evidentiary hearing pursuant to Franks v. Delaioare, 438 U.S. 154 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978), the defendant must make a substantial showing that the government intentionally or recklessly omitted or falsified information and that such information was material to a finding of probable cause or necessity. See United States v. Staves, 383 F.3d 977, 983 (9th Cir.2004). Tran has not met this standard. He makes speculative claims that two individuals (already discussed at length in the supporting affidavit) might have been of more assistance to the investigation. See Franks, 438 U.S. at 171 , 98 S.Ct. 2674 (attack must be “more than conclusory” and “allegations must be accompanied by an offer of proof’).

Tran’s claim that the supporting affidavit was also misleading…