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United States v. Viramontes

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 24, 2010

UNITED STATES OF AMERICA PLAINTIFF
v.
GABRIEL RICHARD VIRAMONTES DEFENDANT

The opinion of the court was delivered by: Hon. Edward J. Garcia, Jr. Judge, U.S. District Court Eastern District, California

REQUEST TO WITHDRAW RULE 12 MOTION TO SUPPRESS ) STATEMENTS; (PROPOSED) ORDER

On February 6, 2010, defendant in the above captioned matter filed a Rule 12 Motion to Suppress Statements. This Court scheduled an evidentiary hearing to be had on March 26, 2010. On March 23, 2010 Government counsel Mathew Stegman stated to the undersigned that that the Government would use Mr. Viramonte's statements only for impeachment purposes in the event Mr. Viramontes testifies at trial. On March 24, 2010, the Government, through its counsel, Mathew Stegman, filed a memorandum informing the Court that it would not introduce defendant's statements in its case-in-chief.

Based on the government's representations, Mr. Viramontes withdraws as moot his Rule 12 Motion to Suppress Statements scheduled for March 26, 2010 at 11:00 AM.

DATED: March 24, 2010 Respectfully submitted, Michael B. Bigelow Attorney for Defendant Viramontes

ORDER (Proposed)

IT IS SO ORDERED

20100324

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