Prime

BACKGROUND

Between April and June 2001, Prime, along with three co- conspirators, David Hiestand (“Hiestand”), Juan Ore-Lovera, 1 In order to receive a Franks hearing, the defendant must make a non- conclusory and “ ‘substantial preliminary showing’ that the affidavit con- tained actual falsity, and that the falsity either was deliberate or resulted from reckless disregard for the truth.” United States v. Chesher, 678 F.2d 1353, 1360 (9th Cir. 1982) (citing Franks v. Delaware, 438 U.S. 154, 171 (1978)). There is no evidence that the immaterial inaccuracies contained in the affidavit were either deliberate or made with reckless disregard for the truth, and thus this issue on appeal is without merit. UNITED STATES v. PRIME 16305 and Jeffrey Hardy, sold non-existent items on eBay, pur- chased items using counterfeit money orders created by the group, sold pirated computer software, and stole credit card numbers from software purchasers. To facilitate this opera- tion, Prime and his cohorts used a credit card encoder to input the stolen data on their own credit cards, set up post office boxes under false names, manufactured false identifications, and used a filter…