United States v. Ryan Souza, No. 22-3438 (8th Cir. 2023)
Annotate this CaseCourt Description: [Per Curiam - Before Colloton, Shepherd, and Kobes, Circuit Judges] Criminal case - Criminal law. Defendant waived his challenge to the denial of a Franks hearing as he failed to raise in the district court the specific challenges he now raises on appeal; the information provided in the affidavit provided in the warrant application was sufficient to establish probable cause for the search.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-3438 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Ryan William Souza lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Central ____________ Submitted: July 26, 2023 Filed: August 17, 2023 [Unpublished] ____________ Before COLLOTON, SHEPHERD, and KOBES, Circuit Judges. ____________ PER CURIAM. Ryan Souza appeals after he entered a conditional guilty plea to drug and firearm offenses. He argues that the district court1 erred by denying his motion to 1 The Honorable Stephanie M. Rose, Chief Judge, United States District Court for the Southern District of Iowa. suppress and his request for a hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978). We conclude that Souza waived his challenge to the denial of a Franks hearing, as he failed to raise in the district court the specific challenges he now makes on appeal. See United States v. Green, 691 F.3d 960, 965 (8th Cir. 2012) (mere filing of motion to suppress is not sufficient to avoid waiver of specific arguments that are advanced for first time on appeal). We also conclude that the district court did not err in denying Souza’s motion to suppress, as the information in the affidavit for the relevant warrant application supported a finding of probable cause. See United States v. Evans, 4 F.4th 633, 636 (8th Cir. 2021) (on appeal of denial of motion to suppress, district court’s findings of fact are reviewed for clear error and its legal conclusions are reviewed de novo); United States v. El-Alamin, 574 F.3d 915, 923 (8th Cir. 2009) (whether affidavit establishes probable cause is determined by issuing judge based on totality of circumstances). Accordingly, we affirm. ______________________________ -2-
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