United States v. Michael J. Hall, United States of America v. John J. Hall

Good Law
12 F.3d 1109·1993 U.S. App. LEXIS 36583
United States Court of Appeals for the Ninth CircuitDecember 3, 199393-10015California1,519 words

Opinion

Opinion

12 F.3d 1109 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael J. HALL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. John J. HALL, Defendant-Appellant. Nos. 93-10015, 93-10016. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1993. Decided Dec. 3, 1993. Before: ALARCON, LEAVY and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Michael J. Hall and John J. Hall (the Halls) appeal from their judgment of conviction, entered pursuant to a conditional guilty plea. They contend that the district court erred in denying their motion to obtain an evidentiary hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978). The Halls argue that they made a sufficient preliminary showing that 1) the search warrant affidavit contained statements that were knowingly and intentionally false or made with reckless disregard for the truth; and 2) these false statements were necessary to the…

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