Garcia

899 F.2d 1226 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Richard Roger GARCIA, Defendant-Appellant. No. 89-50000. United States Court of Appeals, Ninth Circuit. Submitted March 16, 1990 * . Decided April 10, 1990. Before JAMES R. BROWNING, ALARCON and POOLE, Circuit Judges. 1 MEMORANDUM ** 2 Pursuant to a conditional plea of guilty, Richard Roger Garcia appeals his conviction for possession of an unregistered machine gun and silencer, in violation of 21 U.S.C. Secs. 5861 (d) and 5871. Garcia contends that the district court erred by denying his motion to suppress evidence found during the search of his home and by refusing his request for an evidentiary hearing to challenge the veracity of the affidavit in support of the search warrant. We have jurisdiction under 28 U.S.C. Sec. 1291 and we affirm in part and reverse and remand in part. 3 * Garcia contends that the district court erred by denying…