Spears

MEMORANDUM **

Defendants Spears, Hodge, and Branch appeal their convictions, after a jury trial, for their roles in a conspiracy to transport cocaine from California to Oregon where the conspiracy distributed the cocaine. *673 They allege numerous errors in the district court’s pre-trial orders as well as Apprendi errors in their sentences.

Spears and Hodge allege that the district court erred in denying their motion to suppress evidence obtained from a wiretap of Spears’ telephones. We review de novo the district court’s denial of a motion to suppress wiretap evidence. 1 We review de novo whether the government’s application satisfies the “full and complete statement of facts” requirement and a district court’s decision that a wiretap is necessary for an abuse of discretion. 2 As the district court conducted a Franks hearing, we review those factual findings for clear error.

The affidavit requesting the wiretap warrant is extensive. It documents that the investigation of the drug conspiracy had been unable to identify the conspiracy’s scope or Spears’ or Hodge’s role in it because of the necessity of access to oral communications. And it documents that other investigative…