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United States v. Watkins
Citation: 134 F. App'x 145Docket: No. 04-50166; D.C. No. CR-03-00937-JFW
Court: Court of Appeals for the Ninth Circuit; June 8, 2005; Federal Appellate Court
Michael James Watkins appeals his conviction for being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1) following a guilty plea. He contests the district court's denial of a Franks hearing, which pertains to the validity of the search warrant based on alleged false statements or omissions in the supporting affidavit. The appeal is reviewed de novo, and findings regarding false statements are scrutinized for clear error. The court agrees with the district court's conclusion that a Franks hearing is unnecessary, as even with the purportedly omitted information, the affidavit would still support probable cause for the search of Watkins's hotel room. Additionally, Watkins seeks to vacate his sentence and be resentenced, referencing United States v. Booker. Since he did not raise Sixth Amendment issues regarding his sentence in the district court, a limited remand is granted for further consideration, as he expresses a desire to pursue this option. The decision is affirmed in part and remanded in part, with the note that this disposition is not for publication and cannot be cited except as per Ninth Circuit Rule 36-3.