Latysheva
United States v. Latysheva
Opinion
Lead Opinion
MEMORANDUM **
Tetyana Komisaruk (“Tetyana”), Valeriy Komisaruk (“Valeriy”), Lorina Latysheva *724 (“Lorina”), Oleksander Latyshev (“Oleksander”), and Serge Mezheritsky (“Serge”) appeal on numerous grounds their convictions on various counts of alien smuggling, smuggling for the purpose of prostitution, and money laundering. We affirm.
I. Motion to Suppress Wiretap Evidence
The district court did not err by denying Appellants’ motion to suppress wiretap evidence or by failing to grant a Franks hearing. Appellants failed to make the threshold showing for a Franks hearing: they proffered no evidence that the government acted intentionally or recklessly, and the minor omissions in the government’s supporting affidavit did not affect the district court’s finding of necessity. United States v. Shryock, 342 F.3d 948, 977 (9th Cir.2003).
The government’s affidavit also satisfied the necessity requirement of 18 U.S.C. § 2518 (l)(c). Though not flawless, the affidavit explained, with sufficient reference to specific facts, how traditional investigative techniques had failed and why they would not succeed going forward. United States v. Canales Gomez, 358 F.3d 1221, 1224-25 (9th…