Martinez-Leon

PROCEEDINGS: ORDER DENYING DEFENDANT’S MOTION TO SUPPRESS IDENTIFICATION

On May 22, 2008, defendant filed a written notice of motion to suppress evidence adduced at defendant’s identity hearing, a supporting memorandum of points and authorities, and the supporting declaration of Michael V. Schafler with exhibits, and on June 6, 2008, the Government filed its opposition to defendant’s motion. On June 13, 2008, defendant filed his reply. Oral argument was held before the Court on July 2, 2008, with defendant present and the above referenced counsel appearing.

BACKGROUND

On September 26, 2007, in United States District Court for the Eastern District of Pennsylvania case number CR 06-0537-BWK, the Government filed a Second Superseding Indictment (“Indictment”) charging eight defendants, including Jorge Martinez-Leon, with one count of conspiracy to distribute five kilograms or more of cocaine in violation of 21 U.S.C. § 846 (count 1) and one count of knowingly and intentionally possessing with intent to distribute five kilograms or more of cocaine in violation of 21 U.S.C. § 841 and aiding and abetting possession with intent to distribute in violation of 18 U.S.C. § 2 (count 2),…