United States v. Ron Vaughn

MEMORANDUM

Ron Vaughn appeals his conviction and sentence following a jury trial. Because the parties are familiar with the factual and procedural history of this case, we do not repeat it here. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

The district court concluded that there was probable cause to issue a search warrant, and its conclusion, following an extensive Franks hearing, was not in error. The warrant was more extensive than merely listing the file titles and provided sufficient information to support the district court’s conclusion that there was “a fair probability” that the officials might discover evidence of criminal activity. See United States v. Gourde, 440 F.3d 1065, 1073 (9th Cir.2006) (en banc) (noting that Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), does not compel the government to provide more facts than necessary to show a “fair probability” that the defendant has committed a crime).

It was also within the district court’s discretion to permit the government’s cross-examination during the Franks hearing. See United States v. Vasquez, 858 F.2d 1387, 1392 (9th Cir.1988) (citation…