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United States v. Mullen

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


September 14, 2006

UNITED STATES OF AMERICA,
v.
RICHARD MULLEN, A/K/A CARLOS WATTS, DEFENDANT.

The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court

ORDER

This case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(A), on October 19, 2005. On November 23, 2005, defendant filed a motion seeking dismissal of Counts 1 and 2 of the Second Superseding Indictment. On March 1, 2006, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendant's motion should be denied. Defendant filed objections to the Report and Recommendation on June 12, 2006 and the government filed a response thereto. Oral argument on defendant's objections was scheduled for 9:00 a.m. on August 16, 2006. However defense counsel failed to appear and the matter was deemed submitted on the papers.

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, 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 dismiss is denied. The case is referred back to Magistrate Judge Foschio for further proceedings.

IT IS SO ORDERED.

20060914

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