Watkins

MEMORANDUM *

Michael James Watkins appeals his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1), following a guilty plea. Watkins challenges the district court’s denial of his request for a hearing in accordance with Franks v. Delaware, 438 U.S. 154, 155-56 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978). Watkins also argues that his sentence should be vacated and he should be resentenced. See United States v. Booker, — U.S. —, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). We affirm the conviction and grant a limited remand of Watkins’s sentence in accordance with United States v. Ameline, 409 F.3d 1073 , —-—, slip op. at 26-29 (9th Cir.2005) (en banc).

A

We review de novo the district court’s denial of a Franks hearing. United States v. Reeves, 210 F.3d 1041, 1044 (9th Cir. 2000). We review a district court’s “findings whether any statements were false or omitted and whether any such statements were intentionally or recklessly made” for clear error. United States v. Elliott, 322 F.3d 710, 714 (9th Cir.2003). The district court’s determination whether probable cause is lacking because of alleged misstatements or omissions in the supporting…