U.S. v. NAPIER

No. 04-10249.

436 F.3d 1133 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur NAPIER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 7, 2006.


Attorney(s) appearing for the Case

Donald Thomas Bergerson, San Francisco, CA, for the defendant-appellant.

Kenneth J. Melikian, United States Attorney's Office, Sacramento, CA, for the plaintiff-appellee.

Before TROTT, T.G. NELSON, and RICHARD A. PAEZ, Circuit Judges.


TROTT, Circuit Judge.

Appellant, Arthur Napier, contends that the district court erred by refusing to unseal a sealed attachment to the search warrant affidavit that ultimately paved the way to his arrest and conviction. The attachment detailed activity by a confidential informant. Napier argues that by sealing the attachment and by keeping it sealed, the government prevented him from making the substantial preliminary showing required by Franks v. Delaware,

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