U.S. v. Hancock

In prosecution on unlawful possession of firearm charge, Dist. Ct. did not err in denying defendant’s motion challenging issuance of search warrant and requesting Franks hearing to examine police officer’s failure to include confidential informant’s criminal record in affidavit seeking issuance of said warrant. While defendant argued that Franks hearing was required every time where substantial adverse information about informant’s credibility is omitted from affidavit, Ct. found that Franks hearing was not required where instant affidavit contained specific information to establish reliability of informant and others, where: (1) informant, who gave police reliable information in other cases, provided highly detailed accounts of defendant’s criminal activities based upon his personal interactions with him; and (2) defendant’s criminal activities were corroborated by text messages, as well as report of sexual assault by third party and defendant’s own statements to police. Ct. also rejected defendant’s claim that his Colorado convictions could not be used as predicate offenses for his unlawful possession of firearm charge, where  defendant claimed that Colorado officials misled him into believing that he could possess firearms after issuance of  “unconditional discharge” letter upon his release from prison on said charges, since Ct. noted that actual release document did not mention any restoration of defendant’s rights.