United States v. Joseph Shelton Davis, III

CANBY, Circuit Judge:

This case returns to this court following remand to the district court. On the prior appeal appellant Davis’s judgment of conviction was vacated and his case was remanded for a limited evidentiary hearing. The district court was instructed to determine whether the affiant in an application for a search warrant “acted with deliberate falsehood or reckless disregard for the truth by incorrectly claiming that he ... had personal knowledge of the facts recited in the ... affidavit.” United States v. Davis, 663 F.2d 824, 830-31 (9th Cir.1981). Following an evidentiary hearing,…