United States v. MacIas-ovalle , 432 F. App'x 710 ( 2011 )

FILED
NOT FOR PUBLICATION MAY 12 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-30228
Plaintiff - Appellee, D.C. No. 3:08-cr-00228-MO-1
v.
MEMORANDUM *
OSCAR FRANCISCO MACIAS-
OVALLE,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Oregon
Michael W. Mosman, District Judge, Presiding
Argued and Submitted May 4, 2011
Portland, Oregon
Before: KOZINSKI, Chief Judge, BEA and IKUTA, Circuit Judges.
Each of the government’s affidavits contained the full and complete
statement required by 18 U.S.C. § 2518(1)(c). Each affidavit properly
incorporated previous affidavits, see United States v. Garcia-Villalba, 585 F.3d
1223, 1232 (9th Cir. 2009), and provided case-specific explanations for the use,
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
page 2
limitations and rejection of various traditional surveillance tactics in the
investigation of specific individuals, see id. at 1229–30. The district court didn’t
abuse its discretion in finding that the wiretaps were necessary. See United States
v. Rivera, 527 F.3d 891, 898 (9th Cir. 2008). Nor has Macias-Ovalle made the
substantial showing necessary to justify an evidentiary hearing under Franks v.
Delaware, 438 U.S. 154 (1978). See id. at 155–56, 171.
AFFIRMED.