United States District Court, W.D. New York
May 17, 2005.
UNITED STATES OF AMERICA,
ROYCE MITCHELL, Defendant.
The opinion of the court was delivered by: RICHARD ARCARA, District Judge
This case was referred to Magistrate Judge Leslie G. Foschio,
pursuant to 28 U.S.C. § 636(b)(1)(A), on November 19, 2004. On
August 17, 2004, defendant filed a motion to suppress evidence.
On November 19, 2004, Magistrate Judge Foschio filed a Report and
Recommendation, recommending that defendant's motion to suppress be denied.
Defendant filed objections to the Report and Recommendation on
January 18, 2005. The government filed a response thereto on
January 26, 2005. Oral argument on defendant's objections was
held on April 20, 2005.
Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de
novo determination of those portions of the Report and
Recommendation to which objections have been made. Upon a de
novo review of the Report and Recommendation, and after
reviewing the submissions and hearing argument from the parties,
the Court adopts the proposed findings of the Report and
Recommendation. Accordingly, for the reasons set forth in Magistrate Judge
Foschio's Report and Recommendation, defendant's motion to
suppress is denied.
The parties shall appear before this Court for a meeting to set
a trial date on May 20, 2005, at 9:00 a.m.
IT IS SO ORDERED.
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