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U.S. v. JELKS

No. 00-CR-6152 CJS.

273 F.Supp.2d 280 (2003)

UNITED STATES of America, v. Kelvin JELKS, Defendant.

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

July 1, 2003.

Attorney(s) appearing for the Case

Michael A. Battle, United States Attorney, By Everardo A. Rodriguez, Assistant United States Attorney, Rochester, NY, for the United States of America.

Mark D. Hosken, Federal Public Defender's Office, Rochester, NY, for Defendant.

DECISION and ORDER

SIRAGUSA, District J.

INTRODUCTION

This matter is before the Court on remand from the Second Circuit pursuant to its decision in U.S. v. Jelks, 53 Fed.Appx. 601 (2d Cir.2003) "for additional fact-finding and reconsideration of whether Le'Tasha Jelks' consent was voluntary." U.S. v. Jelks, 53 Fed.Appx. at 603. Upon such reconsideration, as explained below, this Court finds by a preponderance of evidence, based upon...

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