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United States v. Dewer

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


December 11, 2009

UNITED STATES OF AMERICA,
v.
RASHAWN DEWER, DEFENDANT.

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 H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(A). On September 25, 2008, defendant filed motions to suppress. On September 15, 2009, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendant's motions to suppress be denied.

Defendant filed objections to the Report and Recommendation on November 20, 2009, and the government filed a response thereto. Oral argument on the objections was held on November 10, 2009. At the Court's request, the parties filed supplemental briefing on November 20, 2009.

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 argument from the parties, the Court adopts the proposed findings of the Report and Recommendation.

Accordingly, for the reasons set forth in Magistrate Judge Schroeder's Report and Recommendation, defendant's motions to suppress are denied.

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

SO ORDERED.

20091211

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