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U.S. v. MONTOYA

No. CR 90-839.

760 F.Supp. 37 (1991)

UNITED STATES of America, v. John MONTOYA and Jose Arnulfo Calderon, Defendants.

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

March 27, 1991.

Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty., (Jeffrey Toobin, Asst. U.S. Atty., of counsel), Brooklyn, N.Y., for U.S.

Aranda & Guttlein (Jorge DeJ. Guttlein, of counsel), New York City, for defendant John Montoya.

Orden & Cohen (Joel Cohen, of counsel), New York City, for defendant Jose Arnulfo Calderon.

Christine E. Yaris, New York City (of counsel and on the memorandum).

MEMORANDUM AND ORDER

NICKERSON, District Judge.

Defendants John Montoya and Jose Arnulfo Calderon move to suppress (a) statements elicited from them allegedly in violation of their rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and (b) certain physical evidence seized in Montoya's apartment allegedly in violation of the Fourth Amendment.

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