Chan

United States v. Chan

Good Law
830 F. Supp. 531·93 Daily Journal DAR 11534·1993 WL 333615·1993 U.S. Dist. LEXIS 12152
United States District Court, Northern District of CaliforniaAugust 31, 1993CR-92-0589 DLJCalifornia2,618 words

Opinion

Opinion

Jensen, J.

AMENDED ORDER

On June 23,1993, the following motions by defendants Qiang Jing Ma (“Ma”) and Sam Tong Chan (“Chan”) were scheduled to be heard by the Court: (1) Ma’s motion to suppress his post-Miranda statements; (2) Chan’s motion for discovery regarding special agent Stephen Tse; (3) Chan’s motion to suppress evidence; and (4) Chan’s motion to sever trials. Steven F. Gruel, Assistant U.S. Attorney, appeared on behalf of the United States. Stuart Hanlon of Tamburello, Hanlon, and Waggener appeared on behalf of defendant Sam Tong Chan (“Chan”). Motions (1) and (4) were withdrawn by defendants, and motion (2) was deferred at the hearing.

Having considered the papers submitted, the arguments of counsel, the applicable law, and the entire record herein, the Court hereby DENIES defendant Chan’s motion to suppress evidence.

I. BACKGROUND

Defendants Qiang Jing Ma and Sam Tong Chan are charged in a two-count indictment alleging (1) a violation of Title 21 U.S.C. § 846 (conspiracy to possess with intent to distribute approximately 700 grams of heroin) and (2) a violation of Title 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 (possession with intent to distribute and aiding and abetting in…

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