MEMORANDUM — DECISION AND ORDER
KAHN, District Judge.
Presently before the Court are Defendant's Motions to Suppress Evidence and Dismiss Count Three of the Superseding Indictment. For the reasons stated herein, these motions are DENIED.
I. BACKGROUND
On February 16, 2001, co-defendant Kirk Gayle attempted to enter the United States at Champlain, New York. Gayle was stopped and questioned by agents of the United States Border Patrol...
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