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U.S. v. MENDOZA-CARRILLO

No. CR 00-400017.

107 F.Supp.2d 1098 (2000)

UNITED STATES of America, Plaintiff, v. Fidel MENDOZA-CARRILLO, Defendant.

United States District Court, D. South Dakota, Southern Division.

August 1, 2000.

Attorney(s) appearing for the Case

Michelle Tapken, United States Attorney's Office, Sioux Falls, SD, for plaintiff.

Julie Irvine, Public Defender's Office, Sioux Falls, SD, for defendant.

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

Plaintiff, the United States of America, has filed objections to Magistrate Judge Marshall's Report and Recommendation of April 28, 2000, recommending that the Defendant's Motion to Suppress be granted. For the reasons stated below, the Court agrees with the Magistrate Judge's recommendation and grants Defendant's Motion to Suppress.

FACTUAL BACKGROUND

The Court adopts, with modifications...

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