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UNITED STATES v. MONTASSER MOGHADAM

March 23, 1990

UNITED STATES OF AMERICA
v.
MONTASSER MOGHADAM



The opinion of the court was delivered by: PENN

 JOHN GARRETT PENN, UNITED STATES DISTRICT JUDGE

 The defendant has been charged in a six-count indictment, together with co-defendant Monie Khosravi, with conspiracy to distribute 50 grams or more of a mixture and substance containing cocaine base between September 21 and October 5, 1989, (21 U.S.C. §§ 846, 841(b)(1)(A)(iii)), distribution of 5 grams or more of a mixture and substance containing cocaine base on September 27, 1989, (21 U.S.C. § 841(b)(1)(B)(iii)), distribution of 5 grams or more of a mixture and substance containing cocaine base on October 4, 1989, (21 U.S.C. § 841(b)(1)(B)(iii)), distribution of a mixture and substance containing cocaine base on October 4, 1989, and distribution of a mixture and substance containing 50 grams or more of cocaine base on October 5, 1989, (21 U.S.C. § 841(b)(1)(A)(iii)).

 This matter is before the Court on defendant Moghadam's Motion to Suppress Statements. *fn1" A motions hearing was held on March 13, 1990, the Court thereafter took the motions under advisement. After careful consideration to the motions and the opposition thereto, and the entire record, the Court concludes that the motion to suppress defendant Moghadam's statements should be denied.

 I.

 On December 6, 1989, defendant Moghadam was arrested on the corner of 31st and M street in Georgetown in Washington, D.C. at approximately 2:40 p.m. Defendant Khosravi was arrested approximately ten minutes earlier at the same location. Immediately after both defendants were arrested, they were taken to a Drug Enforcement Administration ("DEA") field office. They were interviewed in separate rooms simultaneously. Both defendants made statements admitting involvement with drugs during the interviews.

 II.

 Defendant Moghadam moves to suppress the statements on the grounds that his Miranda2 rights were not read to him before the interview began and in view of the "totality of circumstances" that defendant Moghadam's statement was not given voluntarily. The government contends that defendant Moghadam was read his Miranda rights. The Court heard the testimony of Frank Shroyer, Special Agent with the DEA and defendant Moghadam.

 Special Agent Frank Shroyer gave the following testimony in response to questions from the government counsel:

 Answer: Yes, Sir, I did.

 Question: Would you tell the Court where you advised him of his Miranda rights?

 Answer: At an interview room in the Washington Division Office, ...


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