UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
March 10, 2009
UNITED STATES OF AMERICA,
JOSE ELIAS MERCEDES, 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 Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1)(A). The defendant filed motions to dismiss the indictment and to suppress evidence. On April 4, 2008, Magistrate Judge Scott filed a Report and Recommendation recommending that defendant's motion to dismiss be denied. On September 5, 2008, Magistrate Judge Scott filed another Report and Recommendation recommending that defendant's motion to suppress also be denied.
Defendant filed objections to the Reports and Recommendation, however they were subsequently withdrawn. The Court has carefully reviewed the Reports and Recommendations, the record in this case, and the pleadings and materials submitted by the parties.
Upon de novo review, pursuant to 28 U.S.C. § 636(b)(1), the Court hereby adopts the findings and recommendations of Magistrate Judge Scott and denies defendant's motions to dismiss the indictment and to suppress evidence for the reasons stated by Magistrate Judge Scott in his Reports and Recommendations.
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