United States v. Herbert O. Cole

983 F.2d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Herbert O. COLE, Defendant-Appellant. No. 91-30465. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 10, 1992. Decided Dec. 30, 1992. Before WALLACE, Chief Judge, and SKOPIL and LEAVY, Circuit Judges. MEMORANDUM 1 Cole appeals from his conviction following a bench trial for manufacturing a controlled substance, in violation of 21 U.S.C. § 841 (a)(1). He contends that the district court erred in denying his motion to suppress evidence seized pursuant to an allegedly invalid search warrant and in failing to hold a hearing as required by Franks v. Delaware, 438 U.S. 154, 171-72 (1978). The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm. 2 Cole contends that the evidence contained in the affidavit supporting the search warrant…