No. 89-10504.

906 F.2d 477 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas R. PUTNEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 29, 1990.

Attorney(s) appearing for the Case

Stephen Mensel, Asst. Federal Public Defender, Fresno, Cal., for defendant-appellant.

Patrick K. Hanly, Asst. U.S. Atty., Fresno, Cal., for plaintiff-appellee.

Before SNEED, FARRIS and FERNANDEZ, Circuit Judges.

FARRIS, Circuit Judge:

Thomas Putney appeals from the denial of his motion for a Franks hearing, see Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), arguing that he was entitled to a hearing to determine whether the magistrate issuing the search warrant for his property was misled by the supporting affidavit. He also assigns error to the district court's use of the capacity of his methamphetamine...

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