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06-031 - USA v. RICHARDSON


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06-031 - USA v. RICHARDSON
August 3, 2007
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MEMORANDUM OPINION AND ORDER OF COURT conditionally granting in part and denying in part 28 Motion to Suppress as to JAMIE RICHARDSON - it is hereby Ordered that the motion is conditionally Granted in Part as to the Defendant's Hewlett Packard computer, and such piece of evidence shall be excluded at the time of trial unless further briefing of the parties and review of the record by this Court mandates a contrary ruling; and Denied in Part as to the image of the Defendant's Hewlett Packard computer, the Nascar PC by CISNET, and the Defendant's statements of September 22, 2006; it is further Ordered that the parties shall present briefs regarding the admissibility of the Hewlett Packard computer through application of the inevitable discovery rule or the independent source doctrine on or before August 31, 2007 with said briefs being no more than five pages, and as more fully stated in said Memorandum Opinion and Order of Court. Signed by Judge Kim R. Gibson on 8/3/2007. (dlg)
September 26, 2007
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MEMORANDUM OPINION and ORDER OF COURT as to JAMIE RICHARDSON - it is hereby Ordered that the Court's ruling in its Memorandum Opinion and Order of Court dated 8/3/2007 with regard to the suppression of the Defendant's Hewlett Packard computer remains as the ruling of this Court and the law of the case and that computer and its physical contents may not be admitted into evidence at the time of trial; it is further Ordered that the image of the Hewlett Packard's hard disk drive is admissible at the time of trial based upon the independent source doctrine; it is further Ordered that the Defendant's Motion for Reconsideration (included within his Brief in Support (Document No. 54)) regarding the Defendant's statements made to Agent Lieb at the ICE office in Pittsburgh, Pennsylvania is DENIED and those statements are admissible at trial, and as more fully stated in said Memorandum Opinion and Order of Court. Signed by Judge Kim R. Gibson on 9/26/2007. (dlg)
October 31, 2008
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MEMORANDUM OPINION AND ORDER OF COURT granting in part and denying in part 83 Supplemental Motion to Suppress Evidence Obtained as a Result of an Unlawful Search and Seizure with Accompanying Citation of Authority as to JAMIE RICHARDSON. GRANTED IN PART in that any images discovered from the consensual search of the image of the Defendant's Hewlett Packard computer and the Defendant's Nascar PC by CISNET computer and the same shall be excluded from introduction into evidence in the Government's case-in-chief at the time of trial; GRANTED IN PART as to any statements made by the Defendant to ICE agents on 9/22/2006 and the same shall be excluded from introduction into evidence in the Government's case-in-chief at the time of trial; DENIED IN PART as to all remaining arguments, and as more fully stated in said Memorandum Opinion and Order of Court. Signed by Judge Kim R. Gibson on 10/31/2008. (dlg)