Court of Appeals for the Second Circuit September 5, 2007, Docket 05-1284-cr(L), 05-1514-cr(XAP) (United States v. Acosta)

WESLEY, Circuit Judge:

Joseph Carvajal argues his conviction should be overturned, claiming the evidence presented against him at trial was obtained in violation of the knock-and-announce rule under the Fourth Amendment and 18 U.S.C. § 3109. Before oral argument, but after Carvajal filed his brief, the Supreme Court held in

Hudson v. Michigan,

— U.S. -, 126 S.Ct. 2159, 165 L.Ed.