United States v. Ryan Souza ( 2023 )

United States Court of Appeals
For the Eighth Circuit
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No. 22-3438
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Ryan William Souza
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Central
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Submitted: July 26, 2023
Filed: August 17, 2023
[Unpublished]
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Before COLLOTON, SHEPHERD, and KOBES, Circuit Judges.
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PER CURIAM.
Ryan Souza appeals after he entered a conditional guilty plea to drug and
firearm offenses. He argues that the district court1 erred by denying his motion to
1
The Honorable Stephanie M. Rose, Chief Judge, United States District Court
for the Southern District of Iowa.
suppress and his request for a hearing pursuant to Franks v. Delaware, 438 U.S. 154(1978).
We conclude that Souza waived his challenge to the denial of a Franks hearing,
as he failed to raise in the district court the specific challenges he now makes on
appeal. See United States v. Green, 691 F.3d 960, 965 (8th Cir. 2012) (mere filing
of motion to suppress is not sufficient to avoid waiver of specific arguments that are
advanced for first time on appeal). We also conclude that the district court did not
err in denying Souza’s motion to suppress, as the information in the affidavit for the
relevant warrant application supported a finding of probable cause. See United States
v. Evans, 4 F.4th 633, 636 (8th Cir. 2021) (on appeal of denial of motion to suppress,
district court’s findings of fact are reviewed for clear error and its legal conclusions
are reviewed de novo); United States v. El-Alamin, 574 F.3d 915, 923 (8th Cir. 2009)
(whether affidavit establishes probable cause is determined by issuing judge based
on totality of circumstances).
Accordingly, we affirm.
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