UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
November 28, 2012
UNITED STATES OF AMERICA
LUIS ANGEL LEBRON ACEVEDO, JOSE NUNEZ, DEFENDANTS.
The opinion of the court was delivered by: Honorable Richard J. Arcara United States District Judge
DECISION AND ORDER
This case was referred to Magistrate Judge Jeremiah J. McCarthy for supervision of all pretrial proceedings. On February 26, 2010 Defendant Jose Nunez filed a motion seeking suppression of statements made and evidence seized on January 6, 2009, the date of his arrest. An evidentiary hearing was held before Magistrate Judge McCarthy on June 6 and July 7, 2011. The parties then had an opportunity to file post-hearing briefs.
On February 9, 2012, Magistrate Judge McCarthy issued a Report and Recommendation recommending that Defendant's suppression motion be denied in its entirety. On March 28, 2012, Defendant submitted objections to the Magistrate Judge's Report and Recommendation. The Government filed a response to Defendant's objections on April 26, 2012 and Defendant Nunez filed a reply on October 12, 2012. Oral argument was held before this Court on November 5, 2012.
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 de novo review and after reviewing the submissions of the parties and hearing oral argument, the Court adopts the proposed findings of the Report and Recommendation.*fn1
Accordingly, for the reasons set forth in Magistrate Judge McCarthy's Report and Recommendation, Defendant's motion to suppress statements made and evidence seized on January 6, 2009 is denied in all respects. The parties shall appear before this Court on November 29, 2012 at 9:00 am for a status conference and/or meeting to set trial date.
Richard J. Arcar a