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United States of America v. Efrain Hidalgo

November 14, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
EFRAIN HIDALGO, ET AL., DEFENDANTS.



The opinion of the court was delivered by: H. Kenneth Schroeder, Jr. United States Magistrate Judge

DECISION AND ORDER

The government has filed a motion wherein it seeks an order from this Court authorizing the taking of DNA "buccal swabs from the cheek of" all of the defendants except David Tirado for the purpose of comparing each "defendant's DNA to any DNA sample obtained from the firearms, ammunition, narcotics packaging, paraphernalia, and evidence left at the scenes of various homicides and attempted murders alleged in the Superseding Indictment." Dkt. #146, p. 11, ¶ 21.

The defendants Efrain Hidalgo, Luis Medina, Sammy Ortiz and Esteban Ramos-Cruz have filed responses in opposition to the government's motion. Dkt. #s 151, 152, 153, 154.

FACTS*fn1

On August 11, 2009, a shotgun shell was found at the scene of the homicide of Eric Morrow along with spent .22 caliber casings.

On August 17, 2009, members of the City of Buffalo Police Department "recovered a loaded Savage Arms, Stevens Model 820 B pump action shotgun while at the premises located at 82 Virginia, Buffalo, New York. Present in the premises at the time were the defendants Efrain Hidalgo, Esteban Ramos-Cruz and Jordan Hidalgo.

On January 25, 2011, law enforcement officers executed a search warrant for the search of the premises located at 297 West Utica Street, Buffalo, New York and seized the following items:

(1) a grinder with heroin residue;

(2) 12 boxes of .223 caliber ammunition and 7 loose rounds;

(3) A live .22 caliber round and a .22 caliber rifle with a sawed-off stock;

(4) numerous plastic baggies;

(5) a live .357 round ammunition;

(6) two live rounds of .32 caliber ammunition;

(7) a Winchester .30 caliber rifle;

(8) a digital scale with ...


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