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United States v. Hill

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


April 2, 2009

UNITED STATES OF AMERICA,
v.
MARK HILL, JON HALL, JOHN SMITH AND THOMAS JAMES, DEFENDANTS.

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

ORDER

The above-referenced case was referred to Magistrate Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(A). On March 12, 2009, Magistrate Judge McCarthy filed a Report and Recommendation, recommending (1) that defendant Hall's motion to suppress evidence be denied, without prejudice to defendant's right to move for suppression of any statements other than his written statement dated December 14, 2007, which may subsequently be relied upon by the government; (2) that defendant James' motions for an evidentiary hearing and for severance be denied; and (3) that defendant Hill's motions to dismiss and for severance be denied.

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 McCarthy's Report and Recommendation, (1) defendant Hall's motion to suppress evidence is denied, without prejudice to defendant's right to move for suppression of any statements other than his written statement dated December 14, 2007, which may subsequently be relied upon by the government; (2) defendant James' motions for an evidentiary hearing and for severance is denied; and (3) defendant Hill's motions to dismiss and for severance is denied.

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

SO ORDERED.

20090402

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