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U.S. v. AGUIRRE-PARRA

No. 90 Cr. 533 (RPP).

763 F.Supp. 1220 (1991)

UNITED STATES v. Gustavo AGUIRRE-PARRA, Carlos Rodriguez, a/k/a "Federico, or Fred, Ortega-Suarez," Orlando Gill, Fernando Salcedo-Castillo, a/k/a "Coco", and Herman Varela, Defendants.

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

May 22, 1991.

Attorney(s) appearing for the Case

Otto Obermaier, U.S. Atty., S.D.N.Y., New York City by Robert W. Ray, Asst. U.S. Atty., for the Government.

Schulman & Laifer, Brooklyn, N.Y. by Barry Schulman, for defendant Gustavo Aguirre-Parra.

Ivan Fisher, New York City, for defendant Carlos Rodriguez.

Linda Frazier, New York City, for defendant Orlando Gill.

David Ely, New York City, for defendant Fernando Salcedo-Castillo.

Mario Malerba, Kew Gardens, N.Y., for defendant Herman Varela.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Defendant Gustavo Aguirre-Parra ("Aguirre-Parra") moves for the suppression of any evidence seized during and as a result of his arrest on August 2, 1990, on the ground that the search and seizure violated his constitutional rights, claiming there was no probable cause to arrest him, he did not consent to the agents' entry into his apartment and there were not exigent circumstances to justify entering...

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