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U.S. v. CASTILLO

No. 01-1010.

287 F.3d 21 (2002)

UNITED STATES, Appellee, v. Jose M. CASTILLO, a/k/a Richard Lara, a/k/a Daniel, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 19, 2002.

Attorney(s) appearing for the Case

Robert F. Muse for appellant.

William D. Weinreb, Assistant United States Attorney, with whom James B. Farmer, United States Attorney, and Rachel E. Hershfang, Assistant United States Attorney, were on brief for appellee.

Before SELYA and LIPEZ, Circuit Judges, and SINGAL, District Judge.

LIPEZ, Circuit Judge.

Defendant-Appellant José Castillo appeals from the district court's denial of his request for a Franks hearing. See Franks v. Delaware, 438 U.S. 154, 155-56, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). Castillo alleges and hopes to establish that the magistrate judge relied on an affidavit that omitted facts material to a probable cause determination underlying the issuance of a search warrant. Disagreeing...

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