United States v. Palmer S. Crowell

996 F.2d 1228 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Palmer S. CROWELL, Defendant-Appellant. Nos. 91-30442, 92-30041. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 5, 1993. Decided June 30, 1993. Before: D.W. NELSON, TROTT and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Palmer S. Crowell appeals his conviction and sentencing for violations of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(A) (1988). He argues the district court erred in denying his motion for a Franks hearing and in reconsidering the sentence it had imposed after Crowell had filed his notice of appeal. 3 We agree with the district court that Crowell did not make the requisite substantial showing under Franks v. Delaware, 438 U.S. 154 (1978) to warrant a hearing on the veracity of the affidavit underlying the search warrant. However, we determine the district court lacked jurisdiction to reconsider Crowell's sentence…