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U.S. v. Montano, 873 F.Supp. 1177 (1995) 873 F.Supp. 1177 United States District Court, N.D. Illinois, Eastern Division. UNITED STATES of America, Plaintiff, v. Christopher Richard MESSINO, et al., Defendants. No. 93 CR 294. Jan. 31, 1995. Synopsis Eight defendants, who were charged in connection with alleged drug distribution and money laundering conspiracy, and government filed pretrial motions in limine. The District Court, Alesia, J., held that: (1) evidence and witnesses' testimony would not be suppressed as result of having been derived from leads attributable to suppressed evidence; (2) testimony regarding statutory maximum penalty faced by government's witnesses was admissible; (3) government would be allowed to recall witnesses during its case in chief; (4) evidence regarding weapons possession, taxes, and dealings involving large amounts of cash was admissible; (5) district court would not grant additional peremptory challenges to defendants; (6) government was not required to put nondefendant participant in conversation with one of defendants on stand in order to play tape recordings of conversation; (7) court would reserve ruling on marital communications privilege; (8) references to one of defendants in codefendants' conversations did not implicate confrontation clause; and (9) government could introduce evidence of incarceration of one of defendants. Motions denied in part and granted in part. West Headnotes (34) Ill Criminal Law S-Searches, seizures, and arrests Criminal Law S-Search or seizure in general Exclusionary rule prohibits introduction of evidence obtained as direct or indirect result of illegal search. Cases that cite this headnote 121 Criminal Law S-Causal nexus; independent discovery or basis or source When disputed evidence is attributable to source independent of illegally obtained primary item, independent source doctrine renders evidence admissible despite primary taint.

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