Godinez

MEMORANDUM **

Marco Godinez appeals his conviction and sentence for possession with intent to distribute a controlled substance. Godinez claims the district court erred by failing to have an in camera, ex parte hearing to assess the credibility of a confidential informant. We review the district court’s denial of a defendant’s request for an evidentiary hearing on his motion to suppress for abuse of discretion. United States v. Howell, 231 F.3d 615, 620 (9th Cir.2000). We review de novo the district court’s finding of probable cause. United States v. McIver, 186 F.3d 1119, 1128 (9th Cir. 1999). Because there is ample probable cause to support the warrant without the confidential informant’s statements, we affirm the district court’s decision to deny an evidentiary hearing.

Under United States v. Reeves, 210 F.3d 1041, 1044 (9th Cir.2000), a defendant is entitled to an evidentiary hearing on the validity of the affidavit underlying a search warrant if: (1) the defendant can make a substantial preliminary showing that the affidavit contains intentionally or recklessly false statements or misleading omissions and (2) the affidavit cannot support a finding of probable cause without…