United States v. Everette Clarence Smith

SNEED, Circuit Judge:

Smith appeals his conviction for possession of an unregistered firearm in violation of 26 U.S.C. § 5861(d). The single issue on appeal is the validity of a search warrant that appellant contends was obtained in reliance on an affidavit containing material misstatements made intentionally or recklessly which, when excised, deprived the affidavit of content sufficient to establish probable cause. The district court denied appellant’s motion to suppress after a pretrial evidentiary hearing. This court has jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.

I

FACTS.

On July…