Ekeh

MEMORANDUM **

Henry Ekeh appeals his conviction for knowingly making a false statement in a passport application, claiming that the trial court erred in (1) denying him a Franks hearing and (2) denying his motion to suppress evidence obtained in the search of his apartment. He argues that the search warrant was defective because it was overly broad and lacked probable cause.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the district court.

I Franks Hearing

We review de novo the district court’s denial of a Franks hearing, and conclude that the district court did not err in denying Ekeh a hearing. U.S. v. Reeves, 210 F.3d 1041, 1044 (9th Cir.2000). Under Franks v. Delaware, the Fourth Amendment requires a hearing where (1) “the defendant makes a substantial prehminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit,” and (2) “the allegedly false statement is necessary to the finding of probable cause.” 438 U.S. 154, 155-156 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978).

While Ekeh has pointed out some minor immaterial inconsistencies between the facts as…