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UNITED STATES v. BARNES

Nos. CR-74-293, CR-74-294.

416 F.Supp. 1176 (1976)

UNITED STATES of America, Plaintiff, v. Robert BARNES et al., Defendants.

United States District Court, W. D. New York.

July 27, 1976.

Attorney(s) appearing for the Case

Richard J. Arcara, U. S. Atty., New York City (Richard E. Mellenger, Buffalo, N. Y., of counsel), for the Government.

Doyle, Diebold, Bermingham & Gorman, Buffalo, N. Y. (Mark J. Mahoney, Buffalo, N. Y., of counsel), for defendant Barnes.

David Gerald Jay, Buffalo, N. Y., for defendant Folmar.

CURTIN, Chief Judge.

On November 7, 1974, a federal grand jury returned two one-count indictments charging Robert Barnes with violations of 21 U.S.C. § 841(a)(1), in that he distributed controlled substances. Indictment CR-74-293 charged defendant Barnes alone, and indictment CR-74-294 also named Marilyn Folmar as codefendant.

The defendants have moved for the suppression of evidence pertaining to the identification of the defendants by Deputy Deborah...

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