Hernandez

MEMORANDUM **

Defendant Oscar Moisés Hernandez conditionally pled guilty to conspiring to possess methamphetamine with the intent to distribute in violation of 21 U.S.C. § 846 . He appeals the denial of his suppression motion and motion for a Franks hearing. We affirm.

As the parties are familiar with the facts, we refer to them only as necessary.

*761 I. Franks hearing

The government sought a wiretap order. Hernandez asserts that the government could not have shown necessity for the wiretap had certain omitted facts been revealed to the judge who ruled on the wiretap application.

Hernandez satisfies the first prong of the preliminary showing required to obtain a Franks hearing. The affiant, by virtue of her leadership role in the federal investigation, either knew or should have known about the successful controlled buy and attempted buy. Her failure to include these facts in the affidavit supports a finding of reckless or intentional omission. See United States v. Gonzalez, Inc., 412 F.3d 1102, 1111 (9th Cir.2005).

However, Hernandez fails to establish the second Franks prong. The contested omissions, had they been included, would not have shown that traditional means…