*1 United States Court of Appeals For the First Circuit No. 02-1938

UNITED STATES OF AMERICA, Appellee, v.

JOHN B. STEWART, Defendant, Appellant. Before Coffin and Porfilio, ^[1] Senior Circuit Judges. Lynch, Circuit Judge, ERRATA The opinion of the court issued on July 29,2003, is amended as follows:

On page 8, line 7: delete "has the obligation" and substitute "should"

On page 8, line 8: delete "to"

On page 8, line 14: insert the following footnote after "cause."

Although we urge full disclosure of all non-trivial information available to law enforcement, this does not alter the longstanding materiality test for a Franks hearing. An evidentiary hearing is required only if the defendant is able to show that alleged misstatements or omissions are material to the probable cause determination.

[1] Of the Tenth Circuit, sitting by designation.