Opinion of the Court — United States v. Brown

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Type: Opinion of the Court
Filed: June 4, 2002
Case: United States v. Brown
Case status: Decided

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Opening text

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MEMORANDUM ** Victor Lamont Brown (“Brown”) appeals his jury conviction and sentence on three counts: (1) conspiracy to distribute, and to possess with the intent to distribute, cocaine under 21 U.S.C. §§ 846 and 841(a)(1); (2) possession of cocaine with the intent to distribute under 21 U.S.C. § 841 (a)(1); and (3) criminal forfeiture of $1,090,968.00 under 21 U.S.C. § 853 . We have jurisdiction over Brown’s timely appeal under 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the factual and procedural history of this case, we do not recount it here. I Brown first contends that the district court erred in denying his motions for a hearing pursuant to Franks v. Delaware, 438 U.S. 154, 155-56 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978), and to suppress evidence seized during an August 7, 1998 *473 search of his home. The district court held that although the government admitted to the misstatement in the search warrant affidavit, the misstatement was immaterial to the magistrate’s finding of probable cause. We review de novo the district court’s denial of Brown’s motions. See United States v. Murillo, 255 F.3d 1169, 1174 (9th Cir.2001); United States v. Reeves, 21…

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