U.S. v. VIZCARRA

No. CR 92-804 TUC JMR.

835 F.Supp. 1160 (1993)

UNITED STATES of America, Plaintiff, v. Filiberto VIZCARRA, et al., Defendants.

United States District Court, D. Arizona.

October 25, 1993.


Attorney(s) appearing for the Case

Reese Bostwick, Asst. U.S. Atty., Tucson, AZ, for plaintiff.

Fernando Gaxiola, Tucson, AZ, for defendant Gerardo Filiberto Vizcarra-Ruiz aka Gerry.

Greg Kuykendall, Tucson, AZ, for defendant Jose Padilla-Avedano aka Pepe.

Edward Laber, Tucson, AZ, for defendant Gilberto Padilla-Avendano.

Michael Bloom, Tucson, AZ, for defendant Anthony F. Provenzano.

Bruce Heurlin, Tucson, AZ, for defendant Joseph Novelli.

Peter Keller, Tucson, AZ, for defendant Gavino Viramontes.

David Aguilar, Tucson, AZ, for defendant Filiberto Vizcarra.

Steve Sherick, Tucson, AZ, for defendant Charles Bernard Locke.

Joseph Aboduly, Phoenix, AZ, for defendant Larry P. Pagni.

Wm. Rothstein, Nogales, AZ, for defendant Esteven Ruiz.

Chris Kimminau, Tucson, AZ, for defendant James Abney.

Jeffrey Blackman, Tucson, AZ, for defendant Judith A. Abney.

Tom Hartzell, Tucson, AZ, for defendant Thomas Slowick.

Jim Glanville, Tucson, AZ, for defendant Tyrone Olmetti.

Jerry DePalma, Las Vegas, NV, for defendant Ralph Serpico.


ORDER

ROLL, District Judge.

Pending before the Court are Gerardo Vizcarra-Ruiz and Jose Padilla-Avedano's motions to suppress physical evidence seized by law enforcement agents. Defendants Vizcarra-Ruiz and Padilla-Avedano challenge the legality of the search of a parked vehicle from which law enforcement officers seized a quantity of drugs. Neither defendant was in or near the vehicle at the time of the search...

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