United States v. Eduardo Lopez

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 11 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, Nos. 22-30148; 22-30149

Plaintiff-Appellee, D.C. Nos. 3:19-cr-00436-SI-43; 3:19-cr- v. 00509-SI-

EDUARDO BARBOSA LOPEZ, AKA

Barbas, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Oregon Michael H. Simon, District Judge, Presiding

Submitted June 4, 2024** Portland, Oregon

Before: RAWLINSON, SUNG, and SANCHEZ, Circuit Judges.

Eduardo Barbosa Lopez appeals the denial of two motions to suppress

evidence obtained from a phone wiretap and a search of his residence.

Alternatively, he argues that he is entitled to an evidentiary hearing under Franks

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). v.…