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United States v. Moman

United States District Court, D. Minnesota

April 30, 2018

United States of America, Plaintiff,
v.
Jaquon Keshawn Moman (2), Defendant.

          David P. Steinkamp, Esq., United States Attorney's Office, Minneapolis, Minnesota, for Plaintiff.

          David Izek, Esq., Altman & Izek, Minneapolis, Minnesota for Defendant.

          REPORT AND RECOMMENDATION

          STEVEN E. RAU, UNITED STATES MAGISTRATE JUDGE

         Currently before the Court is Defendant Jaquon Keshawn Moman's (“Moman”) Motion to Suppress and Exclude Evidence From Any Photo Lineups (“Motion to Suppress”) [Doc. No. 48]. This matter was referred for the resolution of the issues raised in Garcia's Motions pursuant to 28 U.S.C. § 636(b)(1)(B)-(C) and District of Minnesota Local Rule 72.1. For the reasons stated below, the Court recommends that Moman's Motion to Suppress be denied.

         I. FACTS

         Moman stands accused of two counts of “[i]nterference with [c]ommerce by [r]obbery” and one count of “[u]sing, [c]arrying, [b]randishing and [d]ischarging a [f]irearm [d]uring and in [r]elation to” one of the alleged robberies. See (Superseding Indictment) [Doc. No. 28]. In particular, Moman allegedly

unlawfully and knowingly [took] and obtain[ed] cash which was property of Metro PCS, located in Minneapolis, Minnesota, a commercial business then engaged in and affecting interstate commerce, in the presence of a victim employee, against the employee's will by means of actual and threatened force, violence, and fear of injury, immediate and future, to the employee's person . . .
. . . .
[And] unlawfully and knowingly attempt[ed] to take and obtain cash and merchandise which was the property of Verizon Wireless, located in Inver Grove Heights, Minnesota, a commercial business then engaged in and affecting interstate commerce, in the presence of a victim employee, against the employee's will by means of actual and threatened force, violence, and fear of injury, immediate and future, to the employee's person . . . .

(Id. at 1-2). It was during the second attempted robbery of the Verizon Wireless store where Moman allegedly “knowingly and unlawfully use[d], carr[ied], brandish[ed] and discharge[d] a firearm.” (Id. at 2-3).

         After the incidents, “surveillance camera footage from the robbery of [the] Inver Grove Heights Verizon store . . . was played by a local news station.” (Gov't's Suppl. Resp. to Def.'s Pre-Trial Mots., “Gov't's Suppl. Resp.”) [Doc. No. 63 at 1]. A member of the community called local police and identified Moman as one of the individuals in the footage. (Id.). This “led police to focus on the Defendant as a possible suspect.” (Id.).

         As part of their investigation of Moman, authorities included a photograph of Moman in two different photo arrays, each including a total six individuals. See (Mot. to Suppress at 2-3);[1]see also (Exs. 1-2) (photo arrays entered into evidence during the motions hearing before the undersigned); (Ex. List) [Doc. No. 62]. Moman was identified by witnesses to each robbery on the basis of the arrays.[2] See (Mot. to Suppress at 2-3).

         II. MOTION TO SUPPRESS

         Moman now seeks to have the positive identification from the second photo array suppressed because he asserts the array was impermissibly suggestive. See generally (Mot. to ...


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