769 F.2d 1410

UNITED STATES of America, Plaintiff-Appellee, v. Stanley Mills STANERT, Defendant-Appellant.

No. 84-5128.

United States Court of Appeals, Ninth Circuit.

Aug. 28, 1985.

Roger W. Haines, Jr., Maria T. Arroryo-Tabin, Asst. U.S. Attys., San Diego, Cal., for plaintiff-appellee.

Craig E. Weinerman, San Diego, Cal., for defendant-appellant.

Before GOODWIN, POOLE, and BOOCHEVER, Circuit Judges.

ORDER

The opinion in this case, which was filed June 5, 1985, 762 F.2d 775, is amended by adding a footnote 1 at the end of the third full paragraph in Part III, at p. 780, beginning, “In his motion for an evidentiary hearing before the district judge____” Footnote 1 shall read:

The question whether a defendant has made a sufficient preliminary showing to entitle him to a Franks [v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978)] hearing is reviewable de novo. United States v. Ritter, 752 F.2d 435, 439 (9th Cir.1985).

As amended, the panel has unanimously voted to deny the petition for rehearing. The mandate shall issue in accordance with Fed.R.App.P. 41(a).

United States v. Stanert
769 F.2d 1410

Case Details

Name
United States v. Stanert
Decision Date
Aug 28, 1985
Citations

769 F.2d 1410

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United States

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