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U.S. v. PENEAUX

CR. No. 07-30061-KES.

538 F.Supp.2d 1177 (2008)

UNITED STATES of America, Plaintiff, v. Jasper J. PENEAUX, Jr., and Christopher R. Prue, Defendants.

United States District Court, D. South Dakota, Central Division.

February 11, 2008.

Attorney(s) appearing for the Case

Randolph J. Seiler, Jeremy R. Jehangiri, Assistant United States Attorneys, Pierre, SD, for Plaintiff.

Jana M. Miner, First Assistant Federal Public Defender, David W. Siebrasse, Siebrasse Law Office, P.C., Pierre, SD, for Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATIONS

KAREN E. SCHREIER, Chief Judge.

Defendants, Jasper Peneaux Jr., and Christopher R. Prue, are charged in a four-count indictment which alleges aggravated sexual abuse and robbery. Defendants move to suppress evidence of photo identifications of each defendant by the alleged victim, arguing that the photo lineup procedure violated their right to due process. Additionally, Peneaux moves for a hearing pursuant to

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