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06-037 - USA v. DIYN


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06-037 - USA v. DIYN
July 18, 2008
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MEMORANDUM OPINION AND ORDER OF COURT denying 43 Motion to Suppress as to DANIYEL DIYN, and as more fully stated in said Memorandum Opinion and Order of Court. Signed by Judge Kim R. Gibson on 7/18/2008. (dlg)
August 28, 2008
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MEMORANDUM OPINION AND ORDER OF COURT denying 79 Motion for Reconsideration as to DANIYEL DIYN; it is further Ordered that footnote four of the Court's Memorandum Opinion and Order of Court at Document Number 70 is amended to read as follows: The Court is aware that subsequent testimony of Bard indicates that he said to the Defendant that he was not under arrest. The Court reviewed the court reporter's notes and her audio recording of the proceeding and the record reveals that Bard's statement that the Defendant was under arrest was correctly transcribed. The Court accepts as accurate Trooper Bard's statement that the Defendant was under arrest, and as more fully stated in said Memorandum Opinion and Order of Court. Signed by Judge Kim R. Gibson on 8/28/2008. (dlg)