United States v. Moskowitz
2012 U.S. App. LEXIS 26453
| 2d Cir. | 2012Background
- Metter seeks to dismiss the government's interlocutory appeal from a district court suppression order regarding Seized Materials.
- The district court ordered blanket suppression of the Seized Materials on May 17, 2012.
- On June 15, 2012, the U.S. Attorney certified under 18 U.S.C. § 3731 that the appeal is not for delay and the suppressed evidence is substantial proof of a fact material in the proceeding.
- The government filed a notice of appeal on the same day, within 30 days of the district court's order.
- Metter argues the certification is not a lawful basis for appellate jurisdiction because the government had not reviewed the Seized Materials.
- The court holds that the U.S. Attorney's certification is conclusive for jurisdiction under § 3731 and denies Metter's motion to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 3731 certification is conclusive for jurisdiction | Metter contends certification lacks basis since materials were not reviewed. | Government argues certification conclusively establishes jurisdiction under § 3731. | Certification is conclusive for jurisdiction; appeal is proper. |
Key Cases Cited
- In re Grand Jury Investigation, 599 F.2d 1224 (3d Cir. 1979) (certification suffices for § 3731 jurisdiction; no independent review required)
- United States v. Centracchio, 236 F.3d 812 (7th Cir. 2001) (certification deemed conclusive for § 3731 jurisdiction)
- United States v. Johnson, 228 F.3d 920 (8th Cir. 2000) (no need to assess the substantive adequacy of the evidence for certification)
- United States v. W.R. Grace, 526 F.3d 499 (9th Cir. 2008) (en banc: certification alone suffices for jurisdiction; not a merit ruling)
- United States v. Loud Hawk, 628 F.2d 1139 (9th Cir. 1979) (predecessor to en banc rule on § 3731 certification)
- United States v. Romaszko, 253 F.3d 757 (2d Cir. 2001) (sanctions and timely certification considerations apply to § 3731 appeals)
- Helstoski v. Johnson, 442 U.S. 477 (1981) (statutory purpose of § 3731 to remove barriers to government appeals)