United States v. Stanley Swanson

5 F.3d 543 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Stanley SWANSON, Defendant-Appellant. No. 92-30449. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1993. * Decided Sept. 3, 1993. Appeal from the United States District Court for the Western District of Washington, No. CR-92-128-01-JET; Jack E. Tanner, District Judge, Presiding. W.D.Wash. AFFIRMED. Before: PREGERSON, BRUNETTI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Stanley Swanson appeals his convictions after entry of conditional guilty pleas to two counts manufacturing marijuana in violation of 21 U.S.C. Sec. 841 (a)(1). Swanson contends the district court erred by denying his motion to suppress evidence seized from his residence because material misrepresentations and omissions in the warrant affidavit required the court to hold a hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978). We have jurisdiction under 28 U.S.C. Sec. 1291 ,…