Hector

ORDER DENYING GOVERNMENT’S MOTION FOR RECONSIDERATION

This matter is before the Court on the government’s motion for reconsideration of the order granting the defendant’s second motion for reconsideration. After reviewing the papers submitted by the parties and hearing oral argument, the Court denies the government’s motion and adopts the following order.

I. Background

On July 9, 2004, Albert Lamont Hector was charged with possession with intent to distribute cocaine base ( 21 U.S.C. § 846 ), possession of a firearm in furtherance of drug trafficking ( 18 U.S.C. § 924 (c)), and being a felon in possession of a firearm and ammunition ( 18 U.S.C. § 922 (g)(1)).

On September 27, 2004, the defendant filed a motion to suppress the evidence obtained on June 2, 2004, when agents from the Bureau of Alcohol, Tobacco and Firearms and officers from the Los Ange-les Police Department arrested the defendant and searched his apartment. During the search, the defendant was presented with a “Search Warrant Notice of Service” (“Notice of Service”). The Notice of Service did not indicate which items the officers and agents were authorized to seize, or state the address of the premises to be…