United States v. Everette Clarence Smith

Smith appeals his conviction for possession of an unregistered firearm in violation of 26 U.S.C. § 5861 (d). The single issue on appeal is the validity of a search warrant that appellant contends was obtained in reliance on an affidavit containing material misstatements made intentionally or recklessly which, when excised, deprived the affidavit of content sufficient to establish probable cause. The district court denied appellant’s motion to suppress after a pretrial evidentiary hearing. This court has jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

I.

FACTS.

On July 19,1977, Special Agent Ohlson of the Bureau of Alcohol, Tobacco and Firearms of the Treasury Department obtained a search warrant for the residence located at 1538 E. Oak Street, Stockton, California. In framing his affidavit, Agent Ohlson relied upon information supplied to him by Detective Sergeant Wagner of the San Joaquin Sheriff’s Office, as well as upon infor mation ■ which Agent Ohlson ' gathered. Upon execution of the warrant, an unregistered firearm was found and seized. Appellant was indicted for possession of an unregistered firearm on October 26, 1977. At a pretrial hearing on the motion to…