United States v. Mario Alfonso Araujo-Mejia

67 F.3d 309 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mario Alfonso ARAUJO-MEJIA, Defendant-Appellant. No. 93-10671. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 17, 1995. * Decided Sept. 25, 1995. Before: FLETCHER, POOLE, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 Mario Araujo-Mejia appeals from his jury conviction on charges of narcotics possession and use of a firearm in relation thereto. We affirm in part and reverse in part. 3 * Araujo-Mejia first contends that the district court erred in denying his motion to suppress evidence found pursuant to a search of 2954 South Kolb, in Tucson, Arizona. 1 In particular, Araujo-Mejia suggests that the affidavit upon which the search warrant was premised contained false statements and that, absent such statements, the affidavit was insufficient to establish probable cause. See Franks v. Delaware, 438 U.S. 154 (1978) (defendant can challenge…