United States v. Peeples, No. 18-2309 (2d Cir. 2020)
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The Second Circuit affirmed defendant's conviction for bank robbery, entering a bank with the intent to commit larceny, and bank larceny.
The court held that, in the circumstances presented, dismissal of criminal charges is not the appropriate remedy for a violation of Federal Rule of Criminal Procedure 5(c) and the magistrate judge's failure to sign the affidavit attached to the criminal complaint did not render the complaint invalid. Rather, the appropriate remedy for a violation of Rule 5(c)(2) is suppression of any post-arrest evidence illegally obtained as a result of the violation of the rule's requirement. In this case, defendant failed to show that his transfer for an initial appearance in violation of Rule 5(c)(2) caused him any prejudice. Furthermore, even though the magistrate judge failed to sign the jurat on the last page of the affidavit in support of the criminal complaint, the magistrate judge signed the jurat on the complaint itself, to which the affidavit was attached. Finally, the court held that defendant's remaining evidentiary challenges do not warrant vacatur of his conviction.
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