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U.S. v. BREWER

No. 91 Cr. 404 (RPP).

768 F.Supp. 104 (1991)

UNITED STATES of America v. Stanley BREWER a/k/a "Shaborn," and Ishea Riley, Defendants.

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

July 17, 1991.

Attorney(s) appearing for the Case

Otto G. Obermaier, U.S. Atty., S.D.N.Y. by Robert Khuzami, Asst. U.S. Atty., New York City, for U.S.

Culleton & Marinaccio by Michael A. Marinaccio, White Plains, N.Y., for Stanley Brewer.

Leonard F. Joy, The Legal Aid Society, Federal Defender Services Unit by Inga L. Parsons, New York City, for Ishea Riley.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Defendant Stanley Brewer ("Brewer") is charged with credit card fraud in violation of 18 U.S.C. § 1029(a)(1) and (2). He now moves (1) pursuant to Rules 8(a) and 12(b)(2) of the Federal Rules of Criminal Procedure to dismiss the indictment as duplicitous and (2) pursuant to Rule 12(b)(3) to suppress an out-of-court identification. For the reasons set forth below, defendants' motions are denied...

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