Ritchie

United States v. Ritchie

Good Law
222 F. App'x 656
United States Court of Appeals for the Ninth CircuitFebruary 27, 2007No. 06-35061California518 words

Opinion

Lead Opinion

*658 MEMORANDUM **

Donald Lawrence Ritchie appeals the denial of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255 . We have jurisdiction under 28 U.S.C. §§ 1291 & 2253, and we affirm.

Ritchie raises multiple claims of ineffective assistance of counsel on appeal. See Strickland v. Washington, 466 U.S. 668, 687, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Ritchie’s first claim fails because the affidavit in support of the warrant application made no reference to any incriminating items seen during an earlier illegal entry of Ritchie’s home. Similarly, a probable cause challenge to the search warrant would have been pointless because the affidavit contained sufficient and independent information from multiple informants to establish “a fair probability that contraband or evidence of a crime [would] be found” at Ritchie’s home. United States v. Celestine, 324 F.3d 1095, 1102 (9th Cir.2003).

Ritchie’s claim that his counsel should have requested a Franks hearing is also unavailing because Detective Koch did not demonstrate a “reckless disregard for the truth” when he chose not to disclose two minor and immaterial pieces of information. See Franks v.…

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