Angone

MEMORANDUM *

Peter Angone appeals his convictions by plea of guilty under 21 U.S.C. §§ 841 (a)(1) *690 and 846. We find that his plea must be vacated because the district court’s violation of Federal Rule of Criminal Procedure 11(c)(1) warrants reversal under plain error review. The parties are familiar with the facts, so we recount them only as necessary to explain our decision.

1. The district court properly denied Angone’s motion for a hearing under Franks v. Delaware, 438 U.S. 154, 155-56 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978). An-gone failed to make a sufficient preliminary showing that the affidavit supporting the search warrant was based on statements that were deliberately or recklessly included or omitted. He did not provide any evidence that the affiant’s allegations regarding the two documents not later produced were untruthful, let alone recklessly or deliberately untruthful. The government presented evidence showing that the affiant had in fact seen the documents he claimed to have seen and explaining why those documents were not given to the defense in discovery.

2. The district court properly denied the motion to suppress the search of the La Cruz residence. The…