United States v. Angelica Rodriguez

MEMORANDUM

The facts of this case are known to the parties. We need not repeat them here. In March 2011, a jury convicted Angelica Rodriguez of conspiracy to distribute and possess with intent to distribute methamphetamine and use of a telephone to facilitate the commission of a conspiracy to distribute methamphetamine. Rodriguez argues that the district court erred in denying her motion to suppress wiretap evidence because the affidavit supporting the wiretap application was deficient and failed to establish necessity. She also argues that the district court erred in determining that misstatements in the affidavit were not made with reckless disregard for the truth and were not material. We have jurisdiction over this matter pursuant to 28 U.S.C. § 1291 .

We employ a two-step review when a defendant asserts that the government failed to satisfy the requirements of the federal wiretap statute. First, we review de novo whether the government’s wiretap application included “a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous.” 18 U.S.C. §…