Opinion
No. 03-CR-6044T.
February 18, 2005
ORDER
By Order of Hon. Michael A. Telesca, United States District Judge, dated May 30, 2003, all pretrial matters in the above-captioned case have been referred to this Court pursuant to 28 U.S.C. §§ 636(b)(1)(A)-(B). (Docket # 53).
On May 11, 2004, the government filed a twenty-five count Superseding Indictment against defendants Florencio Padin, Melvin Flecha-Mendoza, Luis Padin, Guillermo Bonilla, Edwin Pagan, Dominga Rosa, and Jose Diaz, charging them with, inter alia, participation in a narcotics distribution conspiracy. (Docket # 104).
Subsequent to the filing of the Superseding Indictment, defendants Flecha-Mendoza, Pagan, Bonilla, Diaz and Luis Padin moved, inter alia, to suppress identifications made by confidential government witnesses. (Docket ## 131, 139, 143, 153, 154, 164). At the government's request, this Court bifurcated defendants' motion to suppress and initially evaluated only the suggestiveness of the identification procedure utilized. By Report and Recommendation dated January 13, 2005, this Court found the identification procedure to have been impermissibly suggestive and recommended that the suppression motion be continued to determine whether the witnesses who made the identifications had an independent basis upon which to do so. (Docket # 190). On February 17, 2005, Judge Telesca adopted such Report and Recommendation in its entirety and referred defendants' motion back to this Court for purposes of continuing the hearing. Accordingly, it is hereby
ORDERED, that a continued hearing on defendants' motion to suppress identifications by confidential government witnesses shall be held before this Court on April 6, 2005, at 2:00 p.m., and it is further
ORDERED, that pursuant to 18 U.S.C. § 3161(h)(1)(F), the period of time from the date of this Order until April 6, 2005 shall be excluded.
CONCLUSION
The foregoing constitutes a decision and order pursuant to 28 U.S.C. § 636(b)(1)(A), and the Speedy Trial Act.