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United States v. Fernandes

United States District Court, W.D. New York

September 25, 2014

UNITED STATES OF AMERICA,
v.
JONATHAN FERNANDES, Defendant

As Amended October 20, 2014.

Page 399

For Jonathan Fernandes, Defendant: Robert G. Smith, LEAD ATTORNEY, Federal Public Defender, Rochester, NY.

For USA, Plaintiff: Jennifer M. Noto, LEAD ATTORNEY, U.S. Attorney's Office, Rochester, NY.

Page 400

DECISION AND ORDER

ELIZABETH A. WOLFORD, United States District Judge.

BACKGROUND

Defendant Jonathan Fernandes (" Defendant" ) is charged with a 13-count indictment alleging numerous drug and drug-related crimes in connection with his alleged manufacture and distribution of methamphetamine. (Dkt. 10). By text order dated April 4, 2014, this case was referred to United States Magistrate Judge Jonathan W. Feldman, pursuant to 28 U.S.C. § § 636(b)(1)(A) and (B). (Dkt. 11).

Count one of the indictment alleges manufacture of methamphetamine in violation of 21 U.S.C. § § 841(a)(1) and (b)(1)(A); count two alleges possession with intent to distribute and distribution of methamphetamine, in violation of 21 U.S.C. § § 841(a)(1) and (b)(1)(C); counts three, seven, and eleven allege maintaining

Page 401

a drug related premises, in violation of 21 U.S.C. § 856(a)(1); counts four, eight, and twelve allege possession of firearms in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A); count five alleges possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § § 841(a)(1) and (b)(1)(C); counts six and ten allege possession of materials used to manufacture a controlled substance, in violation of 21 U.S.C. § § 843(a)(6) and (d)(2); count nine alleges possession of a listed chemical with intent to manufacture a controlled substance, in violation of 21 U.S.C. § 841(c)(1); and count thirteen alleges possession of a controlled substance, in violation of 21 U.S.C. § 844(a). (Dkt. 10).

After reviewing the parties' original pretrial motion submissions (Dkt. 23 and 24), Judge Feldman's Report and Recommendation (Dkt. 26), and Defendant's objection to the Report and Recommendation (Dkt. 28), the Court adopts the Report and Recommendation in its entirety.

PROCEDURAL HISTORY

On July 11, 2014, Defendant filed a pretrial motion, requesting the following forms of relief: (1) production of a bill of particulars; (2) suppression of search warrants and identification of witnesses; (3) discovery and inspection; (4) disclosure of witness statements; (5) dismissal of counts four and eight of the indictment; (6) release of Brady materials; (7) reciprocal discovery; (8) preservation of rough notes; (9) disclosure under Fed.R.Evid. 609; (10) disclosure under Fed.R.Evid. 608; (11) and disclosure under Fed.R.Evid. 404(b). (Dkt. 23).

After receiving submissions from the parties, on August 7, 2014, Judge Feldman heard oral argument as to Defendant's omnibus motions. (Dkt. 26 at 1). Judge Feldman addressed and decided Defendant's motions to dismiss counts four and eight of the indictment, to suppress search warrants and identification of witnesses, for a bill of particulars, for discovery and inspection, and for disclosure of witness statements. ( Id.). As to the dispositive motions filed by Defendant, Judge Feldman recommended denial of Defendant's motion to dismiss counts four and eight of the indictment, denial of Defendant's motion to suppress search warrants, and denial of Defendant's motion to suppress identification testimony. ( Id.).

On August 12, 2014, Judge Feldman issued a written Report and Recommendation confirming the oral rulings made as to Defendant's motions seeking dispositive relief. (Dkt. 26). On August 26, 2014, Defendant filed an objection to the portion of Judge Feldman's Report and Recommendation denying Defendant's request for a Franks hearing so as to challenge the validity of statements made in one ...


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