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U.S. v. COELLO

No. 95 Cr. 382 (DAB).

899 F.Supp. 1240 (1995)

UNITED STATES of America, Plaintiffs, v. Stefan COELLO, a/k/a "Stefan Waldemar Coello-Ubillo," Defendant.

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

October 12, 1995.

Attorney(s) appearing for the Case

David C. Esseks, Assistant United States Attorney, New York City, for plaintiffs.

Harvey Fishbein, Friedland Fishbein Laifer & Robbins, New York City, for defendant.

OPINION

BATTS, District Judge.

The Government has moved this Court to rule, prior to preparation of the presentence report, whether certain items found in the defendant's possession constitute "identification documents" or, in the alternative, whether defendant attempted to possess, with the intent to transfer or use, identification documents within the meaning of 18 U.S.C. § 1028. For the following reasons, the Government's

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