United States v. Harvey
United States Court of Appeals for the Second Circuit
746 F.3d 87 (2014)
Godfrey Harvey (defendant), a Jamaican national, was prosecuted for illegally reentering the United States after being deported for an aggravated felony. A judge had ordered his deportation in 1991, and the deporting immigration officer had executed a signed warrant stating he watched Harvey board a specific flight to Jamaica in 1992; Harvey stipulated the warrant bore his fingerprints, signature, and the flight number. The officer died before trial, but another immigration agent testified about the standard escort-and-watch procedure used at the time. The district court denied Harvey's motion to dismiss for insufficient proof he actually left, the jury convicted him, and he appealed.
Whether a conviction for illegal reentry after deportation may rest on a properly executed deportation warrant and testimony about standard deportation procedure, even though the officer who executed the warrant is unavailable to testify.