United States v. James Hoyt Osborne

86 F.3d 1164 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Hoyt OSBORNE, Defendant-Appellant. No. 95-10011. United States Court of Appeals, Ninth Circuit. Submitted May 14, 1996. Decided May 23, 1996. Before: ALARCON, BEEZER, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 James Hoyt Osborne appeals his conviction for establishing a methamphetamine manufacturing operation in violation of 21 U.S.C. § 846 . We have jurisdiction, 28 U.S.C. § 1291 , and we affirm. 3 * Osborne argues that the district court erred by denying his motion to suppress evidence found at his home during execution of a search warrant, because the warrant was based on an affidavit that, when purged of intentionally or recklessly false statements under Franks v. Delaware, 438 U.S. 154 (1978), did not constitute probable cause for issuance of the warrant. 4 The district court, after listening to live testimony, found that Officer Hunt…