United States v. Anthony P. Fairchild

24 F.3d 250 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Anthony P. FAIRCHILD, Defendant-Appellant. No. 92-10663. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 7, 1994. Decided May 2, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Anthony Fairchild appeals his jury conviction for various drug and interstate transportation of explosives offenses. We affirm. 3 * Fairchild contends that the district court erred by denying his motion to suppress evidence because the affidavit in support of the warrant contained a misstatement. 4 Under Franks v. Delaware, 438 U.S. 154, 155-56 (1978), if a defendant establishes that (1) false information was knowingly, intentionally, or recklessly included in a warrant affidavit, and (2) the affidavit's remaining content is insufficient to establish probable cause, then the search warrant is void and the fruits of the search must be…