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U.S. v. CONCEPCION

Docket No. 08-3785-cr.

579 F.3d 214 (2009)

UNITED STATES of America, Appellant, v. Alexander CONCEPCION, also known as Alex Concepcion, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 31, 2009.

Attorney(s) appearing for the Case

William J. Harrington, Assistant United States Attorney, for Lev L. Dassin, Acting United States Attorney for the Southern District of New York (John T. Zach, Jonathan S. Kolodner, on the brief), for Appellant.

Darrell B. Fields, Federal Defenders of New York, for Defendant-Appellee.

Before: McLAUGHLIN, CALABRESI, and SACK, Circuit Judges.

McLAUGHLIN, Circuit Judge.

The United States appeals an order by the United States District Court for the Southern District of New York (Scheindlin, J.) suppressing evidence obtained pursuant to a wiretap. The wiretap had been authorized under 18 U.S.C. § 2518 by a different district judge in the Southern District of New York (Marrero, J.). In holding that the evidence should be suppressed, Judge Scheindlin found insufficient the same representations...

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