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United States v. Dastinot

United States District Court, D. Maine

March 23, 2015

UNITED STATES OF AMERICA
v.
ROMELLY DASTINOT, Defendant.

ORDER ON DEFENDANT ROMELLY DASTINOT'S MOTION TO SUPPRESS

JON D. LEVY, District Judge.

Romelly Dastinot moves to suppress wiretap evidence as violating the requirements of the Federal Wiretap Act, 18 U.S.C.A. §§ 2510-2522. ECF No. 451. Dastinot also requests a hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978). Id. For the reasons discussed below, Dastinot's motion is denied.

I. FACTUAL BACKGROUND

On February 24, 2014, the Government submitted an application to this Court seeking authorization to intercept wire and electronic communications occurring over the cellular telephone numbers (207) 330-5654 ("Target Telephone #1" or "TT1") and (207) 713-0380 ("Target Telephone #2" or "TT2"). ECF No. 567 at 1. Accompanying the application was an 88-page supporting affidavit submitted by Task Force Agent ("Agent") Joey Brown (the "February 24 Affidavit"). Id. The Court granted the application, and issued an order and an amended order authorizing interceptions of wire and electronic communications occurring over both TT1 and TT2, respectively. Interception of TT1 began on February 26, 2014. Id. at 1-2. Interception of TT2 began on February 25. Id. at 2.

On March 25, 2014, the Government submitted an application to this Court seeking authorization to continue intercepting wire and electronic communications occurring over TT1 and TT2 for an additional 30 days. Id. The application was accompanied by Agent Brown's 83-page supporting affidavit (the "March 25 Affidavit"). Id. The Court granted the application and issued orders authorizing interceptions of wire and electronic communications occurring over both numbers. Interceptions pursuant to these orders began on March 25, 2014. Id.

On April 24, 2014, the Government again submitted an application to this Court seeking renewed authorization to continue intercepting wire and electronic communications occurring over TT1, plus authorization to intercept wire and electronic communications occurring over the cellular telephone assigned telephone number (857) 236-2924 ("Target Telephone #4" or "TT4"). Id. Agent Brown again submitted a supporting affidavit (the "April 24 Affidavit"). Id. The Court granted the application and issued orders authorizing interceptions of wire and electronic communications occurring over TT1 and TT4. Interceptions pursuant to these orders began on April 24, 2014. Id. at 3.

The Government submitted its final application on May 1, 2014, seeking authorization to intercept wire and electronic communications occurring over the cellular telephone number (207) 240-3478 ("Target Telephone #5" or "TT5"). Id. The application was accompanied by a 69-page supporting affidavit from Agent Brown (the "May 1 Affidavit"). Id. The Court granted the application and issued an order authorizing interceptions of wire and electronic communications occurring over TT5. Interceptions pursuant to this authorization began on May 1, 2014. Id.

On December 9, 2014, a federal grand jury returned a Second Superseding Indictment against Dastinot and nine co-defendants. ECF No. 531. Count One of the Second Superseding Indictment ("Count One") charges that Dastinot conspired with at least five named co-defendants to distribute and possess with intent to distribute various controlled substances, including heroin, cocaine, and oxycodone, all in violation of 21 U.S.C.A. §§ 841(a)(1) and 846. ECF No. 531 at 1-2. Count One further alleges that the conspiracy took place in the District of Maine over a period of approximately 24 months, i.e., "not later than early 2012, and continuing until May 2014." Id. at 1.

Count Five of the Second Superseding Indictment ("Count Five") charges that Dastinot and one other co-defendant possessed with intent to distribute oxycodone in violation of 21 U.S.C.A. § 841(a)(1). Id. at 4.

Count Eight of the Second Superseding Indictment ("Count Eight") charges that Dastinot conspired with two co-defendants to launder money by engaging in transactions that "were designed in whole or in part to conceal and disguise the nature, location, source, ownership, and control of the proceeds" of unlawful activity, in violation of 18 U.S.C.A. §§ 1956(a)(1)(B)(i) and 1956(h). Id. at 5-7.

On October 31, 2014, Dastinot filed the instant Motion to Suppress Wiretap Evidence Under Title III and Request for a Franks Hearing (ECF No. 451), which was joined by co-defendants Ashley Gleason (ECF No. 454), Pierre Azor (ECF No. 466), Carrie Buntrock (ECF No. 471), Jean Valbrun (ECF No. 475), Jonathan Duffaud (ECF No. 477), Jacques Victor (ECF No. 479), and Alcindy Jean-Baptiste (ECF No. 498).

II. MOTION TO SUPPRESS

Dastinot raises five points in support of suppressing the wiretap evidence: (A) the Government's wiretap applications failed to establish necessity; (B) the wiretap applications dated after February 2014 were based upon an illegal initial wiretap and are therefore tainted; (C) there was no necessity for additional wiretaps after the initial TT1 wiretap; (D) there was no judicial finding of necessity for any of the wiretaps; and (E) the TT1 and TT2 wiretap applications list the incorrect ...


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