United States v. Curtis Austin

8 F.3d 30 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Curtis AUSTIN, Defendant-Appellant. No. 92-10486. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 12, 1993. Decided Oct. 6, 1993. 1 Before: BROWNING and CANBY, Circuit Judges, and KELLEHER, * District Judge. 2 MEMORANDUM ** 3 Curtis Austin appeals from the judgment of conviction entered against him after jury trial on five charges, including use or possession of a firearm during and in relation to a drug trafficking crime. Specifically, Austin attacks the district court's denial of his motion to suppress evidence seized pursuant to a search warrant and his Rule 29 motions for judgment of acquittal on the firearm charge. We affirm. 4 I. The District Court's Denial of Austin's Motion to Suppress Following the Franks Hearing 5 To invalidate a facially valid search warrant based on the allegation of false assertions in the supporting affidavit,…