King

United States v. King

Good Law
113 F. App'x 773
United States Court of Appeals for the Ninth CircuitOctober 29, 2004No. 03-50393California526 words

Opinion

Lead Opinion

MEMORANDUM *

Richard Eric King appeals from his conviction and sentence for knowing possession of two unregistered silencers and three unregistered short-barreled rifles in violation of 26 U.S.C. § 5861 (d). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not commit clear error in concluding that the government’s transposition of King’s first two names in the search warrant affidavit was not “knowing,” “intentional” or performed “with reckless disregard for the truth.” United States v. Elliott, 322 F.3d 710, 714 (9th Cir.) (internal quotation marks omitted), ce rt. denied, 540 U.S. 862 , 124 S.Ct. 169 , 157 L.Ed.2d 112 (2003). Because “many times the first and middle names are interchanged” to no effect in searches of the Department of Motor Vehicles or the federal firearm registries, the district court was justified in concluding that the mistake was “understandable and [doesn’t] reflect unreasonable conduct.”

*775 We do not agree that the “affidavit’s remaining content [would] be insufficient to establish probable cause” if the erroneous portion was stricken. Franks v. Delaware, 438 U.S. 154, 156 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978).…

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