United States v. Yao Kuang Saeteurn

28 F.3d 110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Yao Kuang SAETEURN, Defendant-Appellant. No. 93-10269. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 17, 1994. Decided June 13, 1994. Before: POOLE, CANBY and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Yao Kuang Saeteurn challenges on a variety of grounds his convictions of importation of opium, possession of opium with intent to distribute, and conspiracy to import opium. We affirm. 3 * THE FRANKS HEARING 4 We review de novo the district court's decision not to hold a Franks hearing. United States v. Johns, 851 F.2d 1131, 1133 (9th Cir.1988). However, its findings of fact, including its findings whether the misstatements and omissions in the affidavit were made intentionally or recklessly, will be disturbed only if clearly erroneous. United States v. Mittelman, 999 F.2d 440, 442 (9th Cir.1993). 5 Saeteurn was entitled to a Franks hearing if…