United States v. Carey

WILLIAM Q. HAYES, United States District Judge

The matter before the Court is the motion to suppress wiretap evidence (ECF No. 57) remanded to this Court on an open record by the Court of Appeals for the Ninth Circuit.

BACKGROUND

On October 4, 2016, the Court of Appeals for the Ninth Circuit vacated the order denying Defendant's motion to suppress evidence obtained from wiretaps and remanded "on an open record to determine what evidence was lawfully obtained in 'plain hearing.' " United States v. Carey , 836 F.3d 1092, 1094 (9th Cir. 2016). The Court of Appeals stated:

[B]ecause the order did not…