MEMORANDUM
GASCH, District Judge.
When this case was called for trial, counsel announced that the defendant wished to waive trial by jury and that the evidence received by the Court on the defendant's motion to suppress and to dismiss might be considered by the Court by stipulation as the evidence on trial if the Court denied defendant's motions. Accordingly, the Court heard the following testimony:
Lt. Col. Westenberger, United States Marine Corps...
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