U.S. v. PIERCE.

Case No. 3:11cr08-WKW.

UNITED STATES OF AMERICA, v. DAMIEN MICHAEL PIERCE.

United States District Court, M.D. Alabama, Eastern Division.

March 9, 2012.


Attorney(s) appearing for the Case

Damien Michael Pierce, also known as Mike, Defendant (5), represented by David Richard Clark , The Law Office of David R. Clark.

USA, Plaintiff, represented by Brandon K. Essig , US Attorney's Office & Monica Anne Stump , U S Attorney's Office-AL.


RECOMMENDATION OF THE MAGISTRATE JUDGE

CHARLES S. COODY, Magistrate Judge.

I. INTRODUCTION

On December 28, 2011, defendant Damien Michael Pierce ("Pierce") filed a motion to suppress "the out-of-court identification . . . by Ms. Thomas and Mr. Baskin . . . on the grounds that the procedure used was overly suggestive, defective and prejudicial." (Doc. # 167 at 1). Pierce asserts that because the use of the photographic lineups tainted these witnesses...

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