746 F.3d 87 (2nd Cir. 2014), 12-1490-cr, United States v. Harvey

Docket Nº:12-1490-cr
Citation:746 F.3d 87
Opinion Judge:Per Curiam
Party Name:UNITED STATES OF AMERICA, Appellee, v. GODFREY EMMANUEL HARVEY, Defendant-Appellant
Attorney:ROBERT J. BOYLE, Law Office of Robert J. Boyle, New York, NY, for Defendant-Appellant Godfrey Emmanuel Harvey. ANDREW B. BAUER and BRENT S. WIBLE, Assistant United States Attorneys, for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Appellee United ...
Judge Panel:Before: STRAUB, HALL, and CHIN, Circuit Judges.
Case Date:March 26, 2014
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 87

746 F.3d 87 (2nd Cir. 2014)

UNITED STATES OF AMERICA, Appellee,

v.

GODFREY EMMANUEL HARVEY, Defendant-Appellant

No. 12-1490-cr

United States Court of Appeals, Second Circuit

March 26, 2014

Submitted June 19, 2013

Appeal from the March 30, 2012 judgment of the United States District Court for the Southern District of New York (Seibel, J.), convicting defendant-appellant, following a jury trial, of one count of illegal re-entry into the United States after having been deported due to his conviction of an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). On appeal, defendant-appellant argues that the government failed to prove his physical departure from the United States after he was ordered deported in 1992 and therefore the evidence was insufficient to show he illegally " re-entered" the country. We hold that a valid warrant of deportation executed by the immigration authorities certifying that a defendant was deported on a given date is sufficient to prove that the defendant was, in fact, removed from the country on that date. Such was the case here, and sufficient evidence, therefore, supported defendant-appellant's illegal re-entry conviction. We AFFIRM.

ROBERT J. BOYLE, Law Office of Robert J. Boyle, New York, NY, for Defendant-Appellant Godfrey Emmanuel Harvey.

ANDREW B. BAUER and BRENT S. WIBLE, Assistant United States Attorneys, for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Appellee United States of America.

Before: STRAUB, HALL, and CHIN, Circuit Judges.

OPINION

Page 88

Per Curiam

Defendant-Appellant Godfrey Emmanuel Harvey, a citizen of Jamaica, challenges the sufficiency of the evidence supporting his conviction for illegal re-entry into the United States after he was deported because of an aggravated felony conviction. Harvey's sole argument on appeal is that the government failed to prove his physical departure from the United States on a March 7, 1992 airline flight from John F. Kennedy International Airport (" JFK" ) to Kingston, Jamaica. To prove Harvey left the country, the government relied on a 1992 warrant of deportation prepared by an immigration official, which indicated that the official witnessed Harvey depart on the March 1992 flight. That official was unavailable to testify at Harvey's October 2011 trial for illegal re-entry, and the government did not present any other direct evidence that Harvey left the United States in 1992. We hold today that such additional evidence was unnecessary: the 1992 warrant of deportation, coupled with testimony concerning the deportation procedures...

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