Beattie

MEMORANDUM *

We affirm the district court’s denial of Beattie’s motion to suppress evidence obtained from a wiretap and his motion for a new trial. We also find that it was not an abuse of discretion to admit the challenged expert testimony.

First, the district court appropriately limited the Franks 1 hearing to three issues because Beattie did not make a “substantial preliminary showing” 2 that he was entitled to a hearing on the other issues. After the Franks hearing, the district court properly denied Beattie’s motion to dismiss because he did not meet his burden, by a preponderance of the evidence, to show that, setting aside any intentionally or recklessly false or omitted material, the remaining content in the affidavit was insufficient to establish probable cause. 3 The affiant provided the court with sufficient information on the key informant to gauge the reliability of the informant’s claims. The absence of a few more details does not amount to dishonesty or recklessness.

Second, the district court did not abuse its discretion in denying Beattie’s motion for a new trial based on new evidence regarding the credibility of the informant. Beattie did not demonstrate that…