Biswell
United States v. Biswell
Opinion
Lead Opinion
MEMORANDUM **
Richard Eugene Biswell (Biswell) appeals his conviction of one count of possession with intent to distribute methamphetamine and one count of being a felon in possession of a firearm. We affirm the district court.
1. Denial of a Franks 1 Hearing
Because the parties are familiar with the facts, we do not recount them here. This case is nearly on all fours with United States v. Reeves. 2 In both cases, an informant’s criminal convictions for crimes involving dishonesty were omitted from an affidavit supporting a request for a search warrant. 3 The Reeves court recognized that judges must have all available, relevant information, including criminal histories, to aid them in making probable cause determinations. 4 Howev *579 er, the court held that when an informant has previously provided accurate information to the police that led to arrests and seizures of drugs, that fact can bolster the reliability of the current information and diminish the importance of the informant’s past criminal history. 5 Thus, the Reeves court concluded that the omission of the informant’s criminal history was not material to the probable cause determination.