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United States v. Cartagena

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Before Lynch, Chief Judge, Torruella and Stahl, Circuit Judges.

Defendant-Appellant Julio Cartagena (“Cartagena”) pled guilty to participation in a drug-trafficking conspiracy involving the importation and distribution of heroin and cocaine along the east coast, including the Greater Boston area. Cartagena appeals the district court’s denial of three motions concerning his suspected involvement in the conspiracy. First, Cartagena challenges the district court’s denial of a motion to suppress evidence obtained from state and federal wiretaps, arguing that the affidavits submitted in support of the wiretap applications omitted material information and that had this information been included, the wiretap applications would have failed to satisfy the “necessity requirement” of both 18 U.S.C. § 2518(1)(c) and N.Y. Crim. Proc. Law §§ 700.15(4), 700.20(2)(d). Second, Cartagena appeals the denial of his request for a hearing under Franks v. Delaware, 438 U.S. 154 (1978). Third, Cartagena challenges the denial of his motion to compel the production of documents relevant to the motion to suppress, as well as the denial of his motion for an in camera inspection of the government agents’ handwritten notes. After careful consideration of Cartagena’s challenges, we affirm in all respects.

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