Martinez

MEMORANDUM **

On February 22, 2001, Louis Jose Martinez was indicted on one count of conspiring to manufacture methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) & 846. He was convicted following a five-day trial and sentenced to 210 months’ imprisonment. He now appeals. We affirm.

First, Martinez argues that the district court 1 erred in refusing to conduct a Franks hearing 2 on the validity of the search warrant for his apartment and in failing to suppress evidence from the search. He contends the warrant was based on false statements made intentionally or in reckless disregard for the truth by the investigating officer, Officer Barron. Martinez claims Barron made two false statements in his affidavit: 1) “[t]he suspect Martinez stated over the telephone that he was in the San Jose area and had sold everything;” and 2) “[t]he suspect Martinez talked openly and freely about how much money was owed to the owner of the property and what the owner of the property was to do with the equipment that had been left behind.” Regarding the first statement, Martinez points out that a review of the transcripts and tape reveals that he did not make this statement, but that a…