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U.S. v. ROSA

Docket No. 09-0636-cr.

626 F.3d 56 (2010)

UNITED STATES of America, Appellee, v. Efrain J. ROSA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 27, 2010.

Attorney(s) appearing for the Case

James P. Egan , Office of the Federal Public Defender ( Alexander Bunin , Federal Public Defender, and Lisa A. Peebles , First Assistant Federal Public Defender, on the brief), Syracuse, N.Y., for Defendant-Appellant.

Brenda K. Sannes , Assistant United States Attorney ( Andrew T. Baxter , Acting United States Attorney for the Northern District of New York, and Lisa M. Fletcher , Assistant United States Attorney, of Counsel, on the brief), Syracuse, N.Y., for Appellee.

Before: WALKER and LIVINGSTON, Circuit Judges, and KAPLAN, District Judge.

JOHN M. WALKER, JR., Circuit Judge:

Defendant-Appellant Efrain J. Rosa appeals from the February 12, 2009 judgment of the United States District Court for the Northern District of New York (Norman A. Mordue, Chief Judge) convicting him, upon a conditional guilty plea, of three counts of producing child pornography and one count of witness tampering. Prior to his guilty plea, Rosa moved to suppress physical evidence seized from his home on the basis that it...

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