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United States of America v. Terry M. Dickinson

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


January 6, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TERRY M. DICKINSON DEFENDANT.

The opinion of the court was delivered by: Charles J. Siragusa United States District Judge

DECISION and ORDER

This case was referred by order of the undersigned, dated September 10, 2010 (Docket # 7), to Magistrate Judge Marian W. Payson, pursuant to 28 U.S.C. § 636(b)(1)(A)-(B). Defendant, Terry M. Dickinson , is charged in a five-count indictment with distribution and possession of child pornography, in violation of 18 U.S.C. §§ 2252A(a)(2)A and (a)(5)(B). (Docket # 15). On May 31, 2011, Defendant filed an omnibus pretrial motion (Docket # 23) seeking, inter alia, suppression of a handwritten journal seized by federal agents on August 18, 2010 during the execution of a search warrant at his residence. On October 31, 2011, Magistrate Judge Payson filed a Report and Recommendation ("R & R") (Docket # 33) recommending that the Court deny defendant's application. On November 30, 2011 Defendant timely filed objections to the R & R (Docket # 35). On December 2, 2011, the Government responded to Defendant's objections to the R & R (Docket # 36), and by letter dated December 5, 2011, Defendant replied to the Government's submission.

Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the R & R to which objections have been made. Upon a de novo review of the R & R, and after considering the Defendant's objections, the Court accepts the proposed findings and recommendation.

Accordingly, for the reasons set forth in Magistrate Judge Payson's R & R (# 33), Defendant's motion (# 23) to suppress the handwritten journal seized from his residence on August 18, 2010, during the execution of the search warrant is denied.

IT IS SO ORDERED.

ENTER:

Charles J. Siragusa

20120106

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