Martinez
United States v. Martinez
Opinion
Lead Opinion
MEMORANDUM *
1. The government’s untimely disclosure of a portion of Mariano Martinez’s cell phone records does not warrant reversal of his convictions. There is no reasonable probability that the result of the proceeding would have been different if the government had disclosed the records to the defense before trial. See Strickler v. Greene, 527 U.S. 263, 280 , 119 S.Ct. 1936 , 144 L.Ed.2d 286 (1999).
2. The district court properly denied Martinez’s motion to dismiss the indictment for “outrageous government conduct.” Viewing the evidence in the light most favorable to the government, the district court correctly concluded that the government conduct at issue did not meet the manufactured crime standard. See *179 United States v. Gurolla, 333 F.3d 944, 950 (9th Cir.2003).
8. The district court also properly denied the motion to suppress the wiretap evidence and the motion for a Franks hearing. The district court acted within its discretion when it concluded that the affidavits in support of the wiretap applications met the statutory requirements of necessity and probable cause. See 18 U.S.C. § 2518 (l)(c), (3)(a)-(d) (2003). The district court did not clearly err when it…