United States v. Marco Anthony Rzeslawski

981 F.2d 1260 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Marco Anthony RZESLAWSKI, Defendant-Appellant. No. 91-50866. United States Court of Appeals, Ninth Circuit. Submitted Dec. 9, 1992. * Decided Dec. 17, 1992. Before CANBY, BOOCHEVER and DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Marco Anthony Rzeslawski appeals his conviction for conspiracy to possess with intent to distribute over 390 kilograms of marijuana. Rzeslawski contends the district court erred by denying a hearing on his motion to suppress evidence obtained from a search warrant that was issued upon affidavits allegedly containing deliberate and material omissions of fact in violation of Franks v. Delaware, 438 U.S. 154 (1978). Rzeslawski also appeals his sentence of 135 months imprisonment, arguing that it was improperly calculated and that the district court inadequately explained its reasons for imposing the sentence. 3 We uphold as not…