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United States of America v. James Robinson

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


March 22, 2012

UNITED STATES OF AMERICA
v.
JAMES ROBINSON

The opinion of the court was delivered by: Jan E. DuBOIS, J.

ORDER

AND NOW, this 22nd day of March, 2012, upon consideration of defendant's Motion to Reopen Suppression Hearing (Doc. No. 124, filed February 13, 2012), the Government's Response to Defendant's Motion to Reopen Suppression Hearing (Doc. No. 130, filed February 22, 2012), defendant's Motion to Dismiss Indictment / Motion for Release on Conditions (Doc. No. 128, filed February 18, 2012), and the Government's Response to Defendant's Motion to Dismiss Indictment/Motion for Release on Conditions (Doc. No. 132, filed February 28, 2012), following a hearing and oral argument on March 13, 2012, for the reasons set forth in the Memorandum dated March 22, 2012, IT IS ORDERED as follows:

1. Defendant's Motion to Reopen Suppression Hearing is GRANTED IN PART and DENIED IN PART as follows.

a. Defendant's Motion to Reopen Suppression Hearing is GRANTED to the extent that the hearing held on October 8, 2010, on Defendant's Motion to Suppress Physical Evidence Seized in Violation of the Fourth Amendment (Doc. No. 25, filed December 21, 2009), is REOPENED to permit the Court to consider additional argument and the transcript of the testimony of Officer James Robertson at defendant's preliminary hearing in the Municipal Court in Philadelphia.

b. Defendant's Motion to Reopen Suppression Hearing is DENIED in all other respects.

c. The Court's Memorandum and Order dated October 22, 2010, denying defendant's Motion to Suppress Physical Evidence Obtained in Violation of the Fourth Amendment (Doc. No. 25, filed December 21, 2009) are REAFFIRMED as amplified by the Memorandum dated March 22, 2012.

2. Defendant's Motion to Dismiss Indictment / Motion for Release on Conditions is DENIED.

IT IS FURTHER ORDERED that the Court's Memorandum dated October 22, 2010, is AMENDED to SUBSTITUTE the word "packets" for the word "vials" wherever it appears.

BY THE COURT:

Hon. Jan E. DuBois

20120322

© 1992-2012 VersusLaw Inc.



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