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UNITED STATES v. GARCIA

No. 78 CR 24.

450 F.Supp. 1020 (1978)

UNITED STATES of America, Plaintiff, v. Carlos Sorla GARCIA, Defendant.

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

May 3, 1978.

Attorney(s) appearing for the Case

David G. Trager, U. S. Atty., E. D. New York, Brooklyn, N. Y. (Lawrence J. Zweifach, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for plaintiff.

John J. Monteleone, Brooklyn, N. Y., for defendant.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

Defendant, charged with possession, with intent to distribute, of heroin hydrochloride in violation of 21 U.S.C. § 841(a)(1), moves to suppress evidence seized from and statements made by him on January 6, 1978.

At the hearing the sole witness was Gerard Whitmore, a special agent of the Drug Enforcement Administration ("DEA"). This testimony, which the court finds thoroughly credible, established...

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