United States v. Adrian Washington

MEMORANDUM

Defendant Adrian A. Washington appeals his conviction for possession of a firearm by a convicted felon, claiming the district court erred by denying his motion for a Franks hearing. We review Washington’s challenge de novo, see United States v. Flyer, 633 F.3d 911, 916 (9th Cir.2011), and affirm.

To receive an evidentiary hearing pursuant to Franks v. Delaware, 438 U.S. 154 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978), the defendant must make a substantial showing that the government intentionally or recklessly omitted or falsified information and that such information was material to a finding of probable cause. United States v. Garcia-Cruz, 978 F.2d 537, 541 (9th Cir.1992). If, after the alleged falsehoods are excised and the alleged omissions are included, an affidavit would still provide a basis for a finding of probable cause, the errors and omissions are immaterial. Id.

Washington challenges an affidavit supporting a warrant to search his home for evidence of a drive-by shooting. Washington claims the affiant intentionally or recklessly stated that his prior arrest for first-degree assault involved a gun, when it in fact involved a knife. This claim is immaterial…