Hernandez

MEMORANDUM **

Dario Hernandez was convicted of being a felon in possession of two firearms in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a)(2). He appeals the district court’s denial of a motion to suppress evidence seized from his residence pursuant to a search warrant. He contends that the detective who sought and obtained the warrant authorizing the search of his residence recklessly included false statements of material fact in and omitted material facts from the supporting affidavit in violation of Franks v. Delaware, 438 U.S. 154 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978). We agree.

The record reflects that the detective (1) incorrectly reported the rental agent’s description of the renter of the Dodge Caravan; (2) equated the description of the renter with Hernandez’s description in a false and misleading manner; (3) overstated the strength of Officer Honomichl’s identification of Hernandez; and (4) gave the false impression that Officer Honomichl positively identified Hernandez within *99 “moments” of the incident. The detective also omitted the following facts: (1) the owner of the rental car agency could not make a positive identification of Hernandez after seeing his…