United States v. Frank Steven Deimerly

45 F.3d 437 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Frank Steven DEIMERLY, Defendant-Appellant. No. 94-10236. United States Court of Appeals, Ninth Circuit. Submitted Dec. 19, 1994. * Decided Dec. 27, 1994. Before: SNEED, D.W. NELSON, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Frank Steven Deimerly appeals his conviction, after a jury trial, for engaging in the business of dealing in firearms without a license in violation of 18 U.S.C. Sec. 922 (a)(1)(A), and unlawfully possessing a machinegun in violation of 18 U.S.C. Sec. 922 (o). Deimerly contends the district court erred by denying his motion to suppress evidence after conducting a Franks hearing to determine the veracity of the affidavit in support of the search warrant. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 Deimerly was arrested after a Bureau of Alcohol, Tobacco and Firearms (ATF) undercover investigation revealed that he was…