United States v. Cangro

── United States v. Cangro ── Court: Court of Appeals for the Tenth Circuit Date: May 19, 2026 Category: General Appellate Case: 25-2079 Document: 49-1 Date Filed: 05/19/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT May 19, 2026 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 25-2079 (D.C. No. 1:22-CR-00775-MLG-1) JAMES CASADY CANGRO, a/k/a (D.N.M.) “Havic,” Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before PHILLIPS, McHUGH, and EID, Circuit Judges. _________________________________ After obtaining a warrant, federal officers searched James Casady Cangro’s part-time residence. There, as expected, they found distribution quantities of drugs and over a dozen firearms. A federal grand jury then indicted Cangro for various drug and firearms offenses. Cangro moved to suppress evidence from the search. He argued that the warrant lacked probable cause and that the good-faith exception to the exclusionary rule didn’t apply. He also argued that the search-warrant affidavit This order and judgment is not binding precedent, except under the * doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.  Appellate Case: 25-2079 Document: 49-1 Date Filed: 05/19/2026 Page: 2 contained material misstatements and omissions in violation of Franks v. Delaware, 438 U.S. 154 (1978). So he requested a Franks hearing. The district court held a hearing on Cangro’s motion to suppress and let him present evidence supporting his Franks challenge. But a few weeks later, the court denied his motion. It ruled that the exclusionary rule’s good-faith exception applied. And it denied Cangro’s Franks challenge after concluding that he failed to make the substantial preliminary showing necessary to merit a Franks hearing. Cangro pleaded guilty but reserved his right to appeal the suppression decision. He then timely appealed, arguing that the search-warrant affidavit didn’t provide probable cause, that the good-faith exception doesn’t apply, and that the affidavit contained material misstatements and omissions. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm. Even accounting for the alleged misstatements and omissions, the affidavit provided probable cause for the search. So the district court correctly denied Cangro’s motion to suppress. BACKGROUND I. Factual Background In early 2022, FBI special agent Bryan Acee learned from a confidential informant that Cangro was selling drugs and firearms. After some investigation, Agent Acee sought a search warrant for Cangro’s part-time residence at 5312 Euclid Avenue NE, Albuquerque, New Mexico, to search for drug-trafficking 2  Appellate Case: 25-2079 Document: 49-1 Date Filed: 05/19/2026 Page: 3 evidence and firearms. 1 Agent Acee swore a supporting affidavit, which we summarize below. A. The Search-Warrant Affidavit 1. Confidential Informant’s Tips The affidavit relied primarily on the confiden