Aguilera

United States v. Aguilera

Good Law
287 F. Supp. 2d 1204·2003 WL 22380934·2003 U.S. Dist. LEXIS 18539
United States District Court, Eastern District of CaliforniaSeptember 25, 2003CR S-03-0136 FCDCalifornia3,973 words

Opinion

Opinion

Damrell, J.

AMENDED MEMORANDUM AND ORDER

Defendant Gustavo Aguilera (“defendant” or “Aguilera”) is charged with possession of an unregistered firearm in violation of 26 U.S.C. § 5861 (d). This matter is before the court on defendant’s motion to suppress the introduction of a 20-gauge, Harrington and Richardson shotgun into evidence. The court heard oral argument on August 25, 2003.

BACKGROUND

Defendant was arrested after he entered the grounds of Franklin High School (“Franklin”) in Stockton, California, with a concealed “sawed-off’ shotgun. Franklin is an urban public high school with a population of approximately 2,800 students. (Deck of Dorcas Alimbini (“Alimbini Deck”) ¶ 1.) Although the typical school day ends at 2:01 p.m., various tutoring classes and sports activities take place after school and, as a result, at least several hundred students remain on campus after each school day ends. (See Alimbini Deck ¶ 6.)

. On March 5, 2008, at approximately 2:10 p.m., Franklin secretary Michelle Guiter-rez (“Guiterrez”) received a phone call from a woman identifying herself as a “parent” of a Franklin student. (Deck of Michelle Guiterrez (“Guiterrez Deck”) ¶ 3; Rep. Tr. 8:23-25; 9:1-3.) The…

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