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U.S. v. SANCHEZ-RODRIGUEZ

May 15, 2003

UNITED STATES OF AMERICA VS. FEDERICO SANCHEZ-RODRIGUEZ, AND HECTOR CEBALLOS-AGUILAR, DEFENDANTS.


The opinion of the court was delivered by: James B. Moran, Senior Judge, United States District Court

MEMORANDUM OPINION AND ORDER

Defendant Federico Sanchez-Rodriguez has filed a motion to quash his arrest and suppress evidence. He represents, broadly, that the arrest was without probable cause and the search of his vehicle was not made incident to a lawful arrest. The government contends otherwise, representing that defendant was a participant in a planned undercover cocaine buy, that there was, for specified reasons, probable cause to arrest him and that, in addition, he executed a written consent to the search. Defendant did not reply to those representations and did not file an affidavit.

General conclusions, without specificity, do not justify a hearing. United States v. Rodriguez, 69 F.3d 136, 141 (7th Cir. 1992); United States v. Randle, 966 F.2d 1209, 1212 (7th Cir. 1995). Further, he does not deny that he executed the consent to the search during which the cocaine was found. The motion is denied.

20030515

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