Thompson

United States v. Thompson

Good Law
359 F. App'x 900
United States Court of Appeals for the Ninth CircuitDecember 22, 200907-50351California463 words

Opinion

Opinion

MEMORANDUM

Bobby Lee Thompson appeals the district court’s denial of his motion to suppress a wiretap for lack of necessity and its refusal to hold a hearing pursuant to Franks v. Delaware, 438 U.S. 154 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978), regarding alleged omissions from the wiretap affidavit. Thompson also claims that the district court erred in allowing him to represent himself at trial, and in denying his subsequent request for reappointment of counsel. Here we address Thompson’s claims only to the extent that they involve the wiretap; his other claims are addressed in a separate, concurrently filed, published opinion. Because the parties are familiar with the facts, we do not supply them here except as necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291 , and affirm.

We review de novo whether the information submitted in an affidavit amounts to a “full and complete statement of the facts” pursuant to 18 U.S.C. § 2518 (l)(c). See United States v. Canales Gomez, 358 F.3d 1221, 1224 (9th Cir.2004). If a full and complete statement of facts was submitted, we review the decision that the wiretap was necessary for an abuse of discretion. United…

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