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U.S. v. CHAVEZ-MIRANDA

No. 01-50615.

306 F.3d 973 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Tomas CHAVEZ-MIRANDA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 30, 2002.

Attorney(s) appearing for the Case

Michael Ian Garey, Santa Ana, CA, for the defendant-appellant.

John S. Gordon, U.S. Attorney; John C. Hueston, Assistant U.S. Attorney; John D. Early, Assistant U.S. Attorney, Santa Ana, CA, for the plaintiff-appellee.

Before: T.G. NELSON, PAEZ and TALLMAN, Circuit Judges.

TALLMAN, Circuit Judge.

We must determine if the trial court correctly denied defendant-appellant Tomas Chavez-Miranda's motion to suppress evidence obtained from a search of his apartment during a narcotics investigation. The district court took evidence at a two-day suppression hearing and held that (1) there was probable cause in support of the search warrant; (2) a Franks hearing1 was not warranted; and (3) forcible entry after...

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