Free Declaration in Support - District Court of California - California

Case 4:07-cv-04894-SBA

Document 48

Filed 06/24/2008

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JOSEPH P. RUSSONIELLO (SBN 44332) United States Attorney JOANNE M. SWANSON (SBN 88143) Chief, Civil Division ABRAHAM A. SIMMONS (SBN 146400) Assistant United States Attorney
450 Golden Gate Avenue, 9"' Floor San Francisco, California 94 102-3495 Telephone: 4 15-436-7264 Facsimile: 415-436-6748

Email: Abraham.simmons@usdo~i. gov Attorneys for Federal Defendant Seth McMullen UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ROBERT CARL PATRICK KEANE, Individually; and CHIEKO STRANGE, Individually, Plaintiffs, NO. C 07-4894 SBA
DECLARATION OF ROBERT ARMSTRONG IN SUPPORT OF DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES Fed.RCiv.P. 56

SETH M. MCMULLEN, PAUL ACCORNERO and JOHN SILVA, Defendants. I, Robert Armstrong, declare as follows:
1.

I am a Senior Assistant Prosecutor assigned to the Grand Jury Unit of Ocean

County Prosecutor's Office. I have reviewed and have personal knowledge of the facts in State of New Jersey v. Brian Keane, No. 06- 12-4361.
2.

In this case, Brian Keane, a New Jersey resident, was prosecuted for having

possession with the intent to distribute a controlled substance, in this case, marijuana.

Case 4:07-cv-04894-SBA

Document 48

Filed 06/24/2008

Page 2 of 2

3.

At no time did I contact officials from the U.S. Drug Enforcement Agency

("DEA") in connection with this case. In addition, to the best of my knowledge, no one other than an investigator in this office, John Murphy, had any contact with employees of the DEA regarding the Brian Keane case.
4.

To the best of my knowledge, this office never did ascertain the person from

whom Brian Keane received the marijuana.

I declare under penalty of perjury under the laws of the United States that the above is true and

accurate. Executed this

~6be1-t ~rmst;$ Senior Assista i rosecutor