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U.S. v. GERARD

Crim. No. B-90-104-CR(3).

781 F.Supp. 479 (1991)

UNITED STATES of America v. Charles Ray GERARD.

United States District Court, E.D. Texas, Beaumont Division.

June 4, 1991.

Attorney(s) appearing for the Case

Melissa Baldo, Kerry M. Klintworth, Asst. U.S. Atty., Beaumont, Tex., for U.S.

James A. DeLee, Port Arthur, Tex., for Charles Ray Gerard.

MEMORANDUM OPINION AND ORDER

COBB, District Judge.

Defendant Charles Ray Gerard (Gerard) has filed motions to suppress (1) the identification of him by his alleged victim and (2) his confession. As is fully set forth below, the defendant's motions are each denied.

I. FACTUAL BACKGROUND

On May 9, 1991 the court heard Gerard's two suppression motions, at which time the following factual scenario emerged. On June 3, 1990 Beaumont Police Officers...

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