UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
November 16, 2007
UNITED STATES OF AMERICA,
WARREN T. SMITH, JR., DEFENDANT.
The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court
The above-referenced case was referred to Magistrate Judge h. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(A). On October 29, 2007, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendant's motion to suppress the weapons and marijuana found on his person be granted and that defendant's statements with respect to this evidence be suppressed as fruit of the poisonous tree.
The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties. No objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Schroeder's Report and Recommendation, defendant's motion to suppress the weapons and marijuana found on his person is granted and defendant's statements with respect to this evidence is suppressed as fruit of the poisonous tree.
The parties shall appear at 9:00 a.m. on Monday, November 19, 2007 for a meeting to set a trial date.
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