United States v. Richard Watts, United States of America v. Lloyd Ray Buxton

Richard Watts appeals his conviction of possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). Lloyd Ray Buxton appeals his conviction of conspiracy to distribute methamphetamine in violation of the same statute and § 846. The cases are related and are consolidated here on appeal. The principal issue in each is whether under Franks v. Delaware, 488 U.S. 154 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1979) a hearing should have been held as to the affidavits which secured much of the evidence that went to the convictions.

FACTS

On June 9,1986 a judge of the Municipal Court of Sacramento issued a search warrant for 6509 Briartree Way, Citrus Heights, California and for 101 Patton Court, Folsom, California, authorizing a search for methamphetamine and paraphernalia commonly associated with its packaging for sale. The search warrant was based on the affidavit of James Seminoff, an agent of the Bureau of Narcotic Enforcement of the State of California.

Seminoff in his affidavit indicated that he had worked for a year in this role, and that for 15 years previously he had worked for the California Highway Patrol; that he had attended schools relating to…