Free Letter - District Court of Delaware - Delaware

p_ Case 1 :07--cr—OOO74-GIVIS Document 25 Filed O1/08/2008 Page 1 ot 2
U.S. Department of Justice
United States Attorney ’s Ojice
District of Delaware
l Nemours Building (302) 5 73-6277
. 1007 Orange Street, Suite 700 FAX (3 02) 573-6220
» R O. Box 2046 V
‘ Wilmington, Delaware 1*9899-2046
‘ - U . - January 8, 2008
Honorable Gregory M. Sleet . ‘
United States District Court 0
J. Caleb Boggs Federal Building
844 King Street · ‘ -
- _ . -Wilmington, DE 19801 · Q
‘ l I l_ _ Re: United States v. Elvin Dempsey - - _
- Q-‘ Criminal Action N0. 07-74-GMS
_ Dear Chief Judge Sleet,
1 ` l During a teleconference on January 7, 2008, the Court raised an issue regarding- the n I
Government’s Request to Summczrily Deny the Defendant ’s Motion to Suppress. Specifically, the
` l Court noted a difference between information submitted in the Government’s "Factual Allegations"- y
portion of its motion and the search warrant affidavit of probable cause at issue.
- The Govermnent wrote, in paragraph twenty—four, "[t] he warrant includes information that the
D Detectives conducted a vehicle stop after the car left the residence, located heroin in the vehicle, and
were told by the occupant that he received the heroin from "Ocbar." The affidavit in the search
. warrant states, “That your aftiants can state that relative to the surveillance a motor vehicle stop was .
. conducted and the subject stopped advised that he! she received a bag of heroin from "Ocbar." .
- The assigned prosecutor erred in including the portion of the statement, “...located heroin in
· the vehicle. .." The statement, "located heroin in the vehicle" is not in the search warrant affidavit; Q
its inclusion in the text ofthe motion was an error by the assigned prosecutor. As it is the text ofthe
affidavit that is at issue, the Government respectfully submits that this error does not affect the . I
Franks issue presently-before the Court, - · _ 4 -_ _ r

s Case 1 :07-cr—OOO74-GIVIS Document 25 Filed O1/08/2008 Page 2 of 2 _
_ - The prosecutor sincerely apologizes for any confusion created by the error and any
inconvenience to the Court or defense counsel.
_ Yours very truly,
n. ‘ l COLM F. CONNOLLY
‘ ` ` _ - United States Attorney
" QJ 9 s
l `BY: .. ,..4.-illbn,
Shawn E. Martyniak
l Special Assistant United Sta s _· . omey
cc: Eleni Kousoulis, Esquire (By CM/ECF wl enclosure) l