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United States v. Le Hua Wu
Citation: 322 F. App'x 532Docket: Nos. 07-50547, 07-50555
Court: Court of Appeals for the Ninth Circuit; April 17, 2009; Federal Appellate Court
Appellants Le Hua Wu and Khang Nguyen contested the district court's denial of their motion to suppress evidence obtained from wiretaps and their request for an evidentiary hearing under Franks v. Delaware. The district court's denial of the suppression motion was upheld, as the wiretap affidavits sufficiently detailed that alternative investigative techniques had been exhausted or were unlikely to succeed or too dangerous, referencing United States v. Rivera. Furthermore, the request for a Franks hearing was also denied because the Appellants did not demonstrate that the wiretap applications included false statements or significant omissions, citing United States v. Lococo. The court affirmed the lower court's decisions, noting that this disposition is not suitable for publication and does not serve as precedent except as outlined by 9th Cir. R. 36-3.