U.S. v. DELATORRE

No. 03 CR 90.

508 F.Supp.2d 648 (2007)

UNITED STATES of America, Plaintiff, v. Fernando DELATORRE, also known as "Fern," "Fern-Dog," and "Fern-wood," Bolivar Benabe, also known as "Jap," Juan Juarez, also known as "Ghost," Julian Salazar, also known as "Mando," "Comrade," "Conrad," "Cuz," and "Cuzzo," Miguel Martinez, also known as "Big Mike" and "Mizzy," Mariano Morales, also known as "Mar," Arturo Barbosa, also known as "Chipmunk," Harold Crowder, also known as "H-Man," Miguel Rodriguez, also known as "Mental" and "Mento," Steven Perez, also known as "Frantic" and "Big Frantic," Brian Hernandez, Lionel Lechuga, Romel Handley, also known as "Romellie," Christian Guzman, also known as "Mousey," Akeem Horton, and Steven Susinka, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

September 4, 2007.


Attorney(s) appearing for the Case

William Thomas Huyck, Federal Defender Program, Richard S. Kling, Kent College of Law, Illinois Institute of Technology, John M. Beal, Mary M. Rowland, Hughes Socol Piers Resnick & Dym Ltd., Paul Camarena, Thomas C. Brandstrader, Law Office of Thomas C. Brandstrader, John A. Meyer, Robert G. Clarke, Jack P. Rimland, Attorney at Law, Steven Shobat, Attorney at Law, Chicago, IL, Mark Herbert Kusatzky, Attorney at Law, Robert Lee Gevirtz, Gevirtz & Born, Northfield, IL, William O. Walters, William 0. Walters, Attorney at Law, Mt. Prospect, IL, for Defendants.

Steven Perez, Chicago, IL, pro se.

Susan A. Shatz, Attorney at Law, Chicago, IL, pro se.

Patrick C. Pope, John Robert Blakey, United States Attorney's Office, Pretrial Services, Probation Department, Chicago, IL, for Plaintiff.


MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

Defendant Bolivar Benabe ("Benabe") moves this Court to suppress all property seized from his home at 4035 North Sacramento, Chicago, Illinois, and all further evidence derived therefrom and all testimony relating thereto, on the grounds that the information in the application and affidavit for the search warrant was impermissibly "stale", and thus did not establish probable cause. (R. 383, Benabe...

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