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United States v. Zelazny

United States District Court, D. Nebraska

January 7, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
DANIELLE ZELAZNY, Defendant.

FINDINGS AND RECOMMENDATION

THOMAS D. THALKEN, Magistrate Judge.

This matter is before the court on the motions to suppress by defendant Danielle Zelazny (Zelazny) (Filing Nos. 39, 39-2, and 39-4). Zelazny is charged in an Indictment with threatening a federal confidential informant in violation of 18 U.S.C. § 1513(b)(2) (Count I) and the possession of a firearm after having been convicted of a felony in violation of 18 U.S.C. § 922(g) (Count II). Zelazny seeks to suppress evidence seized from her phones, residence, and automobile during April 2015. Zelazny also seeks a hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978) concerning the first search warrant.

The court held an evidentiary hearing on November 24, 2015. Zelazny was present with her counsel, Barbara J. Thielen. The United States was represented by Special Assistant U.S. Attorney Jeremy K. Anderson. There was no testimony, and the court received into evidence the following exhibits:

Exhibit 101 - Application for Search Warrant 8:15MJ94;
Exhibit 102 - Search and Seizure Warrant 8:15MJ94;
Exhibit 103 - Application for Search Warrant 8:15MJ99;
Exhibit 104 - Search and Seizure Warrant 8:15MJ99;
Exhibit 105 - Application for Search Warrant 8:15MJ107;
Exhibit 106 - Warrant Return 8:15MJ107;
Exhibit 107 - Sprint Corporation Information;
Exhibit 108 - Sprint Corporation Contact Information;
Exhibit 109 - Search Warrant Return 8:15MJ94;
Exhibit 110 - DEA Report of Investigation (Page 3 of 5);
Exhibit 111 - DEA Report of Investigation (Page ...

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