Free Reply to Response - District Court of Delaware - Delaware

Case 1:07-cr-00168-GMS

Document 26

Filed 03/03/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. IBAN S. JACKSON, Defendant.

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Criminal Action No. 07-168-GMS

DEFENDANT'S RESPONSE TO GOVERNMENT'S PRE-HEARING MEMORANDUM AND NOW comes the defendant, Iban S. Jackson, by his attorney Luis A. Ortiz, and files this Response to the Government's Pre-Hearing Memorandum of February 27, 2008. In support thereof, Mr. Jackson avers as follows: 1. Defendant Iban S. Jackson is charged with one count of possession of a firearm by a

convicted felon, in violation of 18 U.S.C. § 922(g)(1). 2. The firearm was seized by police during the warrantless search of a vehicle, which

had been operated by Mr. Jackson. 3. In its response of February 27, 2008, the government claims that Mr. Jackson

voluntarily consented to the warrantless search of the vehicle. 4. vehicle. It is denied that Mr. Jackson voluntarily consented to the warrantless search of the

Case 1:07-cr-00168-GMS

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Filed 03/03/2008

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WHEREFORE, it is respectfully requested that an evidentiary hearing be conducted, and that the motion to suppress physical evidence and statement be GRANTED.

Respectfully submitted,

___/s/__________________ Luis A. Ortiz Assistant Federal Public Defender Attorney for Defendant Iban Jackson Federal Public Defender's Office One Customs House 704 King Street, Suite 110 Wilmington, DE 19801 303-573-6010 [email protected]

DATED: March 3, 2008

Case 1:07-cr-00168-GMS

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Filed 03/03/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. IBAN JACKSON, Defendant.

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Criminal Action No. 07-168-GMS

ORDER The Court having considered Defendant Iban Jackson's Response to Government's PreHearing Memorandum having been shown therefore; IT IS HEREBY ORDERED this day of , 2008, that the

evidentiary hearing be conducted, and that the motion to suppress physical evidence and statement be GRANTED.

HONORABLE GREGORY M. SLEET Chief Judge, United States District Court