UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
February 28, 2011
UNITED STATES OF AMERICA, PLAINTIFF,
JEROME WILSON, DEFENDANT.
The opinion of the court was delivered by: David G. Larimer United States District Judge
DECISION AND ORDER
This Court referred all pretrial motions to United States Magistrate Judge Marian W. Payson pursuant to 28 U.S.C. § 636(b). Defendant Jerome Wilson filed a motion to dismiss the indictment and other matters which were resolved in court on the return of the motion. Only the motion to dismiss was reserved by Magistrate Judge Payson.
Magistrate Judge Payson issued a Report and Recommendation (Dkt. #84) considering the arguments made by defendant and determined that the indictment is valid on its face and, therefore, cannot be dismissed on the grounds that it is based on inadequate or insufficient evidence. I agree with the Magistrate Judge's analysis of the facts and the relevant law, and I find no reason to modify or reject that Report and Recommendation. No objections were filed to the Report and Recommendation.
I accept and adopt the Report and Recommendation of United States Magistrate Judge Marian W. Payson (Dkt. #84).
Defendant's motion to dismiss the indictment (Dkt. #80) is in all respects denied. IT IS SO ORDERED.
Dated: Rochester, New York
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