United States of America, Plaintiff-Appellee, v. Darius Pahlavi Hillyer, Defendant-Appellant., 951 F.2d 1261 (10th Cir. 1991)
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Before McKAY, Chief Judge, and SEYMOUR and EBEL, Circuit Judges.
ORDER AND JUDGMENT*
SEYMOUR, Circuit Judge.
The parties waived oral argument and after examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The cause is therefore ordered submitted without oral argument.
Darius Pahlavi Hillyer was charged with two counts of violating 18 U.S.C. 922(g)(1988), which prohibits the possession of a firearm by a convicted felon. The first count was based on evidence resulting from a warrantless search on November 19, 1989, and the second count was based on evidence obtained by execution of a search warrant on August 21, 1990. Hillyer moved to suppress the evidence seized during both searches. The district court granted the motion with respect to the warrantless search underlying count one and denied the motion with respect to count two. Hillyer then entered into a Rule 11 conditional plea of guilty to count two, and now appeals the denial of the motion to suppress the evidence obtained on the basis of the search warrant.1 We affirm.
When a warrant is challenged on the ground that the supporting affidavit contains improper statements, the warrant will not be held invalid if the affidavit, considered without the objectionable statements, establishes probable cause. See United States v. Ross, 920 F.2d 1530, 1533 (10th Cir.1990) (setting out standard for granting evidentiary hearing); United States v. Gillenwaters, 890 F.2d 679, 681-82 (4th Cir.1989); United States v. Johnston, 876 F.2d 589, 592 (7th Cir.), cert. denied,
The judgment of the district court is AFFIRMED.
* This order and judgment has no precedential value and shall not be cited, or used by any court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir.R. 36.3
1 The government does not appeal the suppression of the evidence resulting from the warrantless search underlying count one
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This document cites
- U.S. Code - Title 18: Crimes and Criminal Procedure - 18 USC 922 - Sec. 922. Unlawful acts
- U.S. Court of Appeals for the Seventh Circuit - United States of America, Plaintiff-Appellee, v. Thomas Johnston, Defendant-Appellant., 876 F.2d 589 (7th Cir. 1989)
- U.S. Court of Appeals for the Tenth Circuit - United States of America, Plaintiff-Appellee, v. John Patrick Ross, Also Known as Jon P. Ross, Defendant-Appellant., 920 F.2d 1530 (10th Cir. 1990)
- U.S. Court of Appeals for the Fourth Circuit - United States of America, Plaintiff-Appellee, v. Susan Beth Gillenwaters, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Mark Roger Ramey, Defendant-Appellant., 890 F.2d 679 (4th Cir. 1989)
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