Jones
United States v. Jones
Opinion
Lead Opinion
MEMORANDUM ***
Roderick Shaun Jones appeals his conviction and sentence for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). Jones contends that the district court erred in denying his motion to suppress the firearm found during a search of his residence. In addition, Jones argues that the district court erred in calculating his sentence.
Jones contends that, although the search of his residence was conducted pursuant to a warrant, the affidavit in support of the warrant contained intentionally or recklessly false statements. He also contends that the affiant omitted information that would have raised doubts about the existence of probable cause. The district court held a hearing regarding these allegations, as required by Franks v. Delaware, 438 U.S. 154, 171-72 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978). The district court found that there were no false statements in the affidavit, and further found that none of the allegedly omitted information was sufficient to attack the affiant’s credibility. We review these findings for clear error. United States v. Elliott, 322 F.3d 710, 715 (9th Cir.2003). As the district court’s findings were not clearly…