Steffani

MEMORANDUM **

Steven Steffani appeals the district court’s denial of his request for a Franks hearing, his Motion to Suppress Evidence Seized Pursuant to Search Warrants, his accompanying Motion to Traverse and Quash Warrants and to Suppress Evidence Seized Pursuant Thereto, and his Motion to Strike the Declaration of Nora Fasshauer.

Mr. Steffani contends he is entitled to a hearing under Franks v. Delaware, 438 U.S. 154 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978), based on six allegedly false or misleading statements made in the affidavit that was the basis for the search warrant that led to the seizure of the evidence Mr. Steffani seeks to suppress. In order to demonstrate the need for a Franks hearing:

United States v. Perdomo, 800 F.2d 916, 920 (9th Cir.1986) (quoting United States v. DiCesare, 765 F.2d 890, 894-95 (9th Cir.1985)). The district court’s denial of a Franks hearing is reviewed de novo. United States v. Reeves, 210 F.3d 1041, 1044 (9th Cir.2000). However, “findings whether any statements were false or omitted and whether any such statements were intentionally or recklessly made” are reviewed for clear error. United States v. Elliott, 322 F.3d 710, 714 (9th…