U.S. Court of Appeals for the Second Circuit
U.S. Attorney Certification
United States v. Metter
Judges Sack, Chin and Lohier
Background: The defendant made a motion to dismiss the government’s appeal from an order suppressing evidence sought to be employed in a criminal trial. The defendant argued that the government failed to meet the requirements of 18 U.S.C. § 3731 by failing to prove that the ordered suppressed evidence constituted substantial proof of facts material to the proceeding.
Ruling: The Second Circuit denied the motion to dismiss. The court held that the issue of U.S. attorney’s certification conclusively establishes that the suppressed evidence under review is a substantial proof of a material fact in satisfaction of section 3731.
Maranda E. Fritz of Hinshaw & Culbertson for the defendant-appellee; David C. James, Roger Burlingame, and Nathan Reilly for the appellant