UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
September 11, 2009
UNITED STATES OF AMERICA,
YINGJI JIN, DEFENDANT.
The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court
This case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(A). On March 20, 2008, defendant filed a motion to suppress statements and evidence. On March 30, 2009, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendant's motion to suppress the defendant's statements be granted, but that the motion to suppress evidence seized pursuant to a search warrant 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 Schroeder's Report and Recommendation, defendant's motion to suppress statements by the defendant is granted, but here motion to suppress physical evidence be denied.
The parties shall appear in Court for a status conference or meeting to set a trial date on Monday, September 14, 2009 at 9:00 a.m.
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