U.S. v. ACOSTA

Docket Nos. 05-1284-cr(L), 05-1514-cr(XAP).

502 F.3d 54 (2007)

UNITED STATES of America, Appellee, v. Steven ACOSTA, Linda Hodge, Todd Blunt, Robert Carvajal, Defendants, Joseph Carvajal, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 5, 2007.


Attorney(s) appearing for the Case

Jeremiah Donovan, Old Saybrook, CT, for Defendant-Appellant.

Daniel L. Stein, Assistant United States Attorney on behalf of Michael J. Garcia, United States Attorney for the Southern District of New York (Katherine Polk Failla, Assistant United States Attorney, on the brief), for Appellee.

Before: POOLER, B.D. PARKER, WESLEY, Circuit Judges.


WESLEY, Circuit Judge:

Joseph Carvajal argues his conviction should be overturned, claiming the evidence presented against him at trial was obtained in violation of the knock-and-announce rule under the Fourth Amendment and 18 U.S.C. § 3109. Before oral argument, but after Carvajal filed his brief, the Supreme Court held in Hudson v. Michigan, ___ U.S. ___, 126 S.Ct. 2159, 165 L.Ed.2d 56 (2006), that although a police officer's failure to abide by the...

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