United States v. Robert Lee Reed, United States of America v. Robert Joseph Tinkle, Jr.

968 F.2d 1222 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert Lee REED, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Robert Joseph TINKLE, Jr., Defendant-Appellant. Nos. 91-10203, 91-10276. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 14, 1992. Decided July 20, 1992. Before WALLACE, Chief Judge, and CHOY and POOLE, Circuit Judges. MEMORANDUM 1 Reed and Tinkle appeal their convictions and sentences for conspiracy under 21 U.S.C. §§ 841 (a)(1), 846. We have jurisdiction over these timely appeals pursuant to 28 U.S.C. § 1291 . We affirm. 2 Reed and Tinkle argue that the district court erred by finding that the government officers did not intentionally or recklessly omit material facts or include material falsehoods in the search warrant affidavit. In order to invalidate the search, Reed and Tinkle "must prove by a preponderance of the evidence that there…