United States v. Metter, No. 12-2423 (2d Cir. 2012)Annotate this Case
Defendant moved to dismiss the government's interlocutory appeal from an order of the district court suppressing certain evidence in connection with a criminal trial. The court concluded that the U.S. Attorney's certification that "the evidence is a substantial proof of a fact material in the proceeding" was conclusive of that issue for purposes of 18 U.S.C. 3731 and therefore was sufficient to give the court jurisdiction under section 3731 of timely appeals from orders suppressing evidence. Because the requirements of section 3731 were satisfied in this case, the court had jurisdiction over the appeal.