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UNITED STATES v. ANDERSON

June 8, 1983

UNITED STATES of America,
v.
Sidney ANDERSON, a/k/a/ "Andrew Hunter", a/k/a/ "Andrew Punter", Defendant.



The opinion of the court was delivered by: SWEET

SWEET, District Judge.

At a pretrial conference held on May 27, 1983, counsel for defendant Sidney Anderson ("Anderson") orally moved to suppress two statements made by Anderson. For the reasons stated below, the motion will be denied.

 Anderson first seeks to suppress a tape recording made by a confidential informant without Anderson's knowledge on April 16, 1982. According to a transcript of the recording, the informant and Anderson were engaged in a conversation when the informant told Anderson that an associate, Michael Corbett ("Corbett") "dropped a dime on" him, which apparently means that Corbett had told the authorities of Anderson's commission of the offense in question.Anderson's reaction was:

 Yo man, boy I'm telling you, don't even tell me that, if thats [sic] the case man, I swear man. If thats [sic] the case man. I swear man, I'll get Mike bumped off.

 The conversation continued:

 [Informant]: Yeah. Just don't tell him that I told you that [expletive deleted] man.

 [Anderson]: I am telling the truth. I'll get the man bumped off.

 Later in the conversation Anderson states:

 Well, like I said man, the man can drop the dime all he wants to and he's gonna get mugged.

 (emphasis in original). Still later he following exchange took place:

 [Informant]: Yeah. Don't even worry about what he said and [expletive deleted] then. Corbett is going to make me kick his ass.

 [Anderson]: What?

 [Informant]: He is going to make me kick his ass.

 [Anderson]: He is going to make me kick ...


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