Garner

MEMORANDUM **

Jerry Lee Garner appeals his judgment of conviction and sentence for two counts *121 of use of a social security number assigned to another person, in violation of 42 U.S.C. § 408 (a)(7)(B), and one count of possession with intent to distribute a controlled substance, in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(B)(iv). He argues that the district court erred in not suppressing drug evidence recovered from the invalid search in violation of Fed.R.Crim.P. 41 and the Fourth Amendment of the U.S. Constitution; abused its discretion in failing to exclude or limit the introduction of destroyed evidence at trial; abused its discretion in refusing to conduct a hearing concerning whether exculpatory evidence was intentionally withheld from the search warrant affidavit; and that this Court’s intervening decision in United States v. Ameline, 376 F.3d 967 (9th Cir.2004), requires remand for resentencing. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We will affirm the conviction and remand for resentencing.

I.

Officers from the Las Vegas Metropolitan Police Department (“LVMPD”) firearms unit, accompanied by Drug Enforcement Agents (“DEA”) and…