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United States v. Arevalo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


October 5, 2009

UNITED STATES OF AMERICA,
v.
JAVIER AREVALO, DEFENDANT.

The opinion of the court was delivered by: Hurley, Senior District Judge

ORDER

This order pertains to the relief requested in the government's letter of October 3, 2009.

The July 31, 2009 declaration of the defendant, while not as detailed as it might be, is found to be sufficient to warrant a hearing as to the validity of defendant's mother's consent to the search of "his bedroom at his mother's house" (Gov't's Oct. 3, 2009 Letter to the Court, at 1), as well as the admissibility of defendant's purported post-search admissions.

The required suppression hearing is rescheduled, as requested by the government, from October 9, 2009 until October 21, 2009 at 10:30 a.m. Also on that date, the Court will hear oral argument on the other items of relief sought by defendant in his August 3, 2009 Notice of Motion.

DENIS R. HURLEY, U.S.D.J.

20091005

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