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United States v. Mullen

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


September 15, 2006

UNITED STATES OF AMERICA,
v.
RICHARD MULLEN, JOSEPH HARGRAVE, ROBERT ADAMS, DEFENDANTS.

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. Defendants filed omnibus motions seeking inter alia suppression of evidence, dismissal the Second Superseding Indictment, a bill of particulars and other discovery.

On February 24, 2006, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendants' motions for dismissal of the indictment and for suppression of evidence should be denied. On that same date, Magistrate Judge Foschio filed a Decision and Order denying in part and granting in part the defendants' motions for a bill of particulars and other discovery.

Defendants Adams and Hargrave filed objections to Magistrate Judge Foschio's Report and Recommendation. Defendant Adams also filed an appeal of Magistrate Judge Foschio's Decision and Order. The Court heard argument on the objections on August 15, 2003.

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 oral argument, the Court adopts the proposed findings of the Report and Recommendation.*fn1 Accordingly, for the reasons set forth in Magistrate Judge Foschio's Report and Recommendation, defendants' motions to dismiss and to suppress evidence are denied.

Pursuant to 28 U.S.C. § 636(b)(1)(A), the district court "may reconsider any pretrial matter under this [section] where it has been shown that the magistrate's order is clearly erroneous or contrary to law." The Court has reviewed defendant Adams' objections and Magistrate Judge Foschio's Decision and Order. Upon such review and after hearing argument from counsel, the Court finds that Magistrate Judge Foschio's Decision and Order is neither clearly erroneous nor contrary to law. Accordingly, the Court affirms Magistrate Judge Foschio's Decision and Order.

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

IT IS SO ORDERED.


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