United States v. Charles Perkins

MEMORANDUM *

Charles Glenn Perkins appeals from the district court’s denial of his motion to suppress evidence and alternative request for a hearing under Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). We conclude that the district court erred in not granting Perkins a Franks hearing. We do not reach his motion to suppress.

“A defendant is entitled to a Franks hearing only if he makes ... ‘a substantial preliminary showing that the affidavit contained] intentionálly or recklessly false statements, and ... [that] the affidavit purged of its falsities would not be…