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United States v. Alfaro

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA CRIMINAL DIVISION


October 6, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOSE ALFARO, ET AL., DEFENDANTS.

The opinion of the court was delivered by: The Honorable Manuel Real United States District Judge

ORDER DENYING DEFENDANTS' MOTION TO SUPPRESS EVIDENCE DERIVED FROM WIRETAPS NOT ESTABLISHED TO HAVE BEEN PROPERLY PRE-APPROVED BY AN APPROPRIATE JUSTICE DEPARTMENT OFFICIAL FINDINGS THERETO

Having heard from plaintiff, the United States of America, by and through its counsel of record, the United States Attorney for the Central District of California, and defendant ALEX SANCHEZ, by and through the authorized representative of his counsel of record, Kerry Bensinger, at a hearing held before this Court on September 16, 2010, and good cause appearing, the Court hereby FINDS AS FOLLOWS

1. The Court read and considered Alex Sanchez's Motion to Suppress Evidence Derived from Wiretaps Not Established to Have Been Properly Pre-approved by an Appropriate Justice Department Official filed on July 30, 2010, the government's opposition, and defendants' reply thereto.

2. On September 16, 2010, this Court held a hearing on the motion. Defendant appeared in person with his counsel of record. After hearing argument from the parties, the Court denied defendant's Motion to Suppress. General special delegations do not violate 18 U.S.C. § 2516(1). United States v. Camp, 723 F.2d 741, 743 (9th Cir. 1984). Further, a failure of a wiretap order to list an authorizing official is a minor facial insufficiency, but suppression is not an appropriate remedy. United States v. Callum, 410 F.3d 571 (9th Cir. 2005).

THEREFORE, FOR GOOD CAUSE SHOWN:

IT IS HEREBY ORDERED that defendant Alex Sanchez's Motion to Suppress Evidence Derived from Wiretaps Not Established to Have Been Properly Pre-approved by an Appropriate Justice Department Official is denied.

IT IS SO ORDERED.

20101006

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