Inda-Parra

United States v. Inda-Parra

Good Law
47 F. App'x 805
United States Court of Appeals for the Ninth CircuitSeptember 12, 2002No. 01-30064; D.C. No. CR-99-30032-AACalifornia928 words

Opinion

Lead Opinion

MEMORANDUM *

Following a jury trial, Jose Inda-Parra (“Inda-Parra”) was convicted of one count of conspiracy to distribute methamphetamine, three counts of distribution of methamphetamine, and one count of possession with intent to distribute methamphetamine.

*806 1. Search warrant affidavit

Inda-Parra contends that the search warrant affidavit for 3664 Flint Street did not establish probable cause because it contained misstatements and omissions about the informant Carlos Hernandez (“Hernandez”). To suppress the evidence, Inda-Parra must first show that the affiant intentionally or recklessly made false statements in the search warrant affidavit. Franks v. Delaware, 438 U.S. 154, 155 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978). Inda-Parra has offered no evidence that the government intentionally omitted details of Hernandez’s criminal history, or recklessly left out information about the missing methamphetamine seized on April 2, 1999. Meanwhile, ample evidence supports the district court’s findings that the omissions were neither intentional nor reckless. There was no error in denying the motion to suppress on these two grounds.

Inda-Parra next contends that the affidavit failed…

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