United States v. Harvey, No. 12-1490 (2d Cir. 2014)Annotate this Case
Defendant appealed his conviction for illegal reentry into the United States after he was deported because of an aggravated felony conviction. Defendant challenged the sufficiency of the evidence, arguing that the government failed to prove his physical departure from the United States on March 7, 1992 airline flight from JFK Airport to Kingston, Jamaica. The court held that a properly executed warrant of deportation, coupled with testimony regarding the deportation procedures followed at that time, was sufficient proof that a defendant was, in fact physically deported from the United States. In this instance, the warrant of deportation specifically indicated that the immigration officer "witnessed" defendant's departure, and set forth the date, flight number, and time it was affected. Further, defendant stipulated that he signed the warrant and that it contained his fingerprints. Accordingly, the court concluded that there was sufficient evidence to establish defendant's guilt beyond a reasonable doubt and the court affirmed the judgment of the district court.