United States v. Smith

MEMORANDUM AND ORDER RE: MOTION TO SUPPRESS

GERTNER, District Judge.

I. INTRODUCTION

The defendant, Ramses Smith, has moved to suppress testimony by Agent Christopher Demlein of the Bureau of Alcohol, Tobacco, and Firearms (“ATF”) identifying him as a participant in the illegal sale of a firearm and ammunition. Specifically, Smith seeks to exclude an out-of-court photo identification made by Agent Demlein, as well as Agent Demlein’s identifications of Smith during his detention hearing and a hearing on his motion to suppress. Smith also moves to suppress any future in-court identification that…