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United States of America v. Tyron D. Freeman

January 11, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TYRON D. FREEMAN, DEFENDANT.



The opinion of the court was delivered by: Richard Mills, U.S. District Judge:

12 January, 2011 10:15:19 AM

Clerk, U.S. District Court, ILCD

ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court on the Report and Recommendation [d/e 36] entered by U.S. Magistrate Judge Byron G. Cudmore, and Defendant Tyron Freeman's Motion to Dismiss Charge [d/e 25], which the Court has construed as a Motion to Suppress Evidence.

In the Report and Recommendation, Judge Cudmore recommends denying the Defendant's Motion. The Defendant has filed Objections to the Report and Recommendation [d/e 40].

After careful consideration, the Court adopts the Report and Recommendation.*fn1 The Defendant's Objections are overruled for the following reasons.

OBJECTION 1-AGREEMENT TO SELL DRUGS

The Defendant claims that there was no agreement to sell drugs, and that no individual has admitted that there was an agreement to sell drugs.

The Defendant points out that the confidential source who made telephone calls from the Drug Enforcement Agency ("DEA") office, Confidential Source #1 ("CS #1"), was not able to conclusively determine who he was speaking with at several points during the conversation. CS #1 could not determine whether he was speaking with the Defendant, or the Defendant's companion on the night of the arrest.

The Defendant also claims that there was no specific agreement to sell narcotics: "the [confidential source] never asked specifically if the speaker has any illegal drug by any name, and there is never an affirmative statement by the speaker that he has any, that he was going to sell it to the [confidential source] or anyone else, or that he was specifically going to the Sav-A-Lot store and sell it to anyone." Objections to Report and Recommendation [d/e 40], 2.

Judge Cudmore fully addressed this issue in the Report and Recommendation:

Freeman argues that the recorded phone calls do not evidence a meeting of the minds regarding a drug purchase. It is undisputed that parties to a drug transaction often use code words or slang, and Officer Cordery testified that "6 Bs" is a reference to six eight-balls of crack cocaine. Additionally, the raspy voiced individual did not respond "I ain't got it" to the request for "6 Bs," rather, "I ain't got it" was the response when Carter asked him to "throw me something for, dude and them, man.

Report and Recommendation [d/e 36], 13, n.2.

As Judge Cudmore noted, the use of code words is common in drug transactions. See generally United States v. Are , 590 F.3d 499, 512 (7th Cir. 2009). Therefore, the fact that the transaction was not explicitly set out by telephone does not mean that there was not ...


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