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769 F.2d 1410
9th Cir.
1985

ORDER

The opinion in this case, which was filed June 5, 1985, 762 F.2d 775, is amended by adding a footnote 1 at the end of the third full paragraph in Part III, at p. 780, beginning, “In his motion for an evidentiary hearing before the district judge____” Footnote 1 shall read:

The question whether a defendant has made a sufficient preliminary showing to entitle him to a Franks [v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978)] hearing is reviewable de novo. United States v. Ritter, 752 F.2d 435, 439 (9th Cir.1985).

As amended, the panel has unanimously voted to deny the petition for rehearing. The mandate shall issue in accordance with Fed.R.App.P. 41(a).

Case Details

Case Name: United States v. Stanert
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Aug 28, 1985
Citations: 769 F.2d 1410; No. 84-5128
Docket Number: No. 84-5128
Court Abbreviation: 9th Cir.
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