Two more summary orders of interest:
In United States v. Howard, No. 08-0944-cr (2d Cir. October 26, 2009), the court, when considering the denial of a motion to suppress wiretap evidence, questioned whether the district court correctly rejected without a hearing the defendant’s claim that the government illegally began tapping his phone before it obtained a wiretap order. One record was “troubling,” in that it seemed to support the defendant’s claim, and the government’s explanation – that the record was a “data entry error” – was unconvincing. The court noted that “[i]f we were in the district court’s position, we would have conducted a hearing to delve further into this bare explanation,” although it was not an abuse of discretion to decline to do so.
In United States v. Carrasco-Abreu, No. 08-4420-cr (2d Cir. October 20, 2009), the court held that an alien who failed to leave the the country under an order of voluntary departure and was removed by the immigration authorities years later, was still “deported” within the meaning of the illegal reentry statute.