United States v. MacIas-ovalle

432 F. App'x 710

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 12, 2011
• Docket: 10-30228
• Status: Unpublished

Opinion

MEMORANDUM *

Each of the government’s affidavits contained the full and complete statement required by 18 U.S.C. § 2518(l)(c). Each affidavit properly incorporated previous affidavits, see United States v. Garcia-Villalba, 585 F.3d 1223, 1232 (9th Cir.2009), and provided case-specific explanations for the use, limitations and rejection of various traditional surveillance tactics in the investigation of specific individuals, see id. at 1229-30. The district court didn’t abuse its discretion in finding that the wiretaps were necessary. See United States v. Rivera, 527 F.3d 891, 898 (9th Cir.2008). Nor has Macias-Ovalle made the substantial showing necessary to justify an evidentiary hearing under Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). See id. at 155-56, 171, 98 S.Ct. 2674.

AFFIRMED.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.