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U.S. v. ADAMS

March 22, 2001

UNITED STATES OF AMERICA,
V.
DALEON ADAMS, DEFENDANT.



The opinion of the court was delivered by: Skretny, District Judge.

ORDER

1. On January 20, 2000, Daleon Adams filed an Omnibus Motion including a request to suppress evidence ("Defendant's Motion to Suppress Evidence") (Docket No. 10).

2. On December 7, 1999, this Court issued an Order referring this case to the Honorable Leslie G. Foschio, United States Magistrate Judge, for report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B).

3. On April 20, 2000, Judge Foschio heard oral argument on Defendant's Motion to Suppress Evidence. At this time, Defendant requested a suppression hearing to determine whether his arrest was supported by probable cause.

4. By Report and Recommendation dated May 4, 2000 (Docket No. 15), Judge Foschio recommended that Defendant's Motion to Suppress Evidence and request for a suppression hearing should be denied.

5. On May 19, 2000, Defendant filed Objections (Docket No. 16) to Judge Foschio's May 4, 2000 Report and Recommendation.

6. This Court heard oral argument on the Defendant's objections on September 8, 2000. At this time, this Court decided to recommit the matter to Judge Foschio for further findings.

7. On September 11, 2000, this Court issued an Order (Docket No. 22) denying Defendant's Objections without prejudice as moot, directing the Government to file a supplemental affidavit, and recommitting the matter to Judge Foschio for further findings.

8. After receipt of the parties' supplemental submissions, Judge Foschio issued a Supplemental Report and Recommendation on December 1, 2000 (Docket No. 27). In this Supplemental Report and Recommendation, Judge Foschio again recommended that Defendant's Motion to Suppress Evidence and request for a suppression hearing should be denied.

9. This Court deemed the record complete for purposes of this motion upon receipt of the parties's filed submissions. This Court has carefully reviewed de novo the Report and Recommendation as well as the pleadings and materials submitted by the parties.

IT HEREBY IS ORDERED that this Court accepts the Magistrate Judge Foschio's Supplemental Report and Recommendation of December 1, 2000 in its entirety, including the authorities cited and the reasons given therein.

FURTHER, the portion of Defendant Adams' omnibus motion seeking to suppress evidence is DENIED.

FURTHER, the portion of Defendant Adams' omnibus motion request hearing is DENIED.

SO ORDERED.

SUPPLEMENTAL REPORT and RECOMMENDATION

JURISDICTION

This matter was re-referred to the undersigned by the Hon. William M. Skretny on September 11, 2000. The matter is presently before the court on Defendant's pretrial motion to suppress statements, filed January 6, ...


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