United States v. Jesus Romo

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jesus ROMO, Defendant-Appellant. No. 93-10493. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1994. * Decided June 28, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Jesus Romo appeals his conviction, after a jury trial, for conspiracy to possess with intent to distribute marijuana and possession with intent to distribute marijuana, in violation of 21 U.S.C. Secs. 846 , 841(a)(1) and (b)(1)(D), and possession of a firearm by an illegal alien, in violation of 18 U.S.C. Secs. 922 (g)(5) and 924(a)(2). Romo contends that the district court erred in denying him an evidentiary hearing to challenge the sufficiency of the affidavit submitted in support of the government's application for a search warrant under Franks v. Delaware, 438 U.S. 154, 155-56 (1978). Romo also contends that the district court erred in denying…