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U.S. v. ROBINSON
July 13, 2001
UNITED STATES OF AMERICA,
DONALD DRAPPER ROBINSON, DEFENDANT.
The opinion of the court was delivered by: Spatt, District Judge.
MEMORANDUM OF DECISION AND ORDER
The facts alleged by the defendant are sparse. He states that
on January 26, 2000, DEA agents arrested him and questioned him.
He further alleges that he "did not understand my right to
remain silent or to consult an attorney prior to the
commencement of questioning, nor was I aware of these rights at
the time I was questioned. Further, I was promised a better
result in my case if I cooperated or told on Marques Bradley."
Notably, the defendant does not point to the specific
statements he is asking this Court to suppress. He simply
attaches to his motion papers a copy of a DEA report that
describes the defendant's post-arrest statements. The Court will
assume that the defendant seeks to suppress every post-arrest
statement mentioned in the DEA report. Those statements are
listed and paraphrased below:
1) For the previous four or five years, he had been
purchasing approximately 3 ounces of cocaine each
week from Markese Bradley.
2) Bradley delivered the cocaine to the defendant's
house, and that his son was present for several of
3) The defendant informed the agents and officers
that he had cocaine in his bedroom and two small
bags of cocaine in a red mug in his dresser.
4) The brown bag the agents found in the
defendant's closet held two small plastic wrappings
containing baking soda, which the defendant had
removed from his son's room approximately one year
earlier upon learning that his son was selling sham
cocaine to people in the neighborhood.
5) For approximately one year, he provided his son
with cocaine to sell.
6) He cooked the cocaine in the microwave located
in his kitchen. The jar, strainer, metal rod and
baking soda the agents found in the kitchen were
used to cook the cocaine. The paraphernalia they
recovered from his bedroom, including the grinder,
razor, plastic container, plastic baggies, scales,
and calculators belonged to him. The cash in his
dresser drawer included proceeds from drug sales.
7) He supplies a friend with 1 1/2; ounces of
cocaine which that friend then sells in Amityville.
8) During the three or four weeks preceding his
arrest, he had been purchasing his cocaine from two
men in the Bronx, because Markese Bradley appeared
to have become suspicious of him.
The government opposes the defendant's motion, argues that the
statements should not be suppressed, and asserts that a hearing
is unnecessary. Unlike the defendant, the government provides
some factual allegations in support of its legal arguments. The
government states that in or about July 1999, federal and state
law enforcement agencies began investigating narcotics
distribution by Markese Bradley, one of the defendant's
co-defendants. On January 25, 2000, United States Magistrate
Judge E. Thomas Boyle issued an arrest warrant for the
defendant's son, Drapper Robinson, and a search ...
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