UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
September 9, 2010
UNITED STATES OF AMERICA,
ANTHONY AMHAD HOWARD, DEFENDANT.
The opinion of the court was delivered by: Honorable Richard J. Arcara United States District Judge
This case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1). On November 12, 2008, defendant filed a motion to suppress. On May 10, 2010, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendant's motion to suppress be denied.
Defendant filed objections to the Report and Recommendation on May 24, 2010 and the government filed a response thereto. Oral argument on the objections was held on August 13, 2010.
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 motion to suppress is denied.
The parties shall appear on Friday, September 10, 2010 at 9:00 a.m. for a status conference to set a trial date.
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