United States District Court, W.D. New York
DECISION AND ORDER
ELIZABETH A. WOLFORD, District Judge.
Defendant Jodia Campbell ("Defendant") is charged by superseding indictment with four counts of alleged sex-related offenses. (Dkt. 11). By text order dated July 8, 2014, this case was referred to United States Magistrate Judge Jonathan W. Feldman, pursuant to 28 U.S.C. §§ 636(b)(1)(A)-(B). (Dkt. 10).
Defendant is charged in counts one through four of the superseding indictment. (Dkt. 11). Count one alleges conspiracy to commit sex trafficking, in violation of 18 U.S.C. § 1594(c); count two alleges sex trafficking of a minor, in violation of 18 U.S.C. §§ 1591(a)(1), (b)(2), and 2; count three alleges transportation of a minor, with the intent that the minor engage in prostitution and sexual activity, in violation of 18 U.S.C. §§ 2423(a) and 2; and count four alleges transportation of a person, with the intent that such person engage in prostitution and sexual activity, in violation of 18 U.S.C. §§ 2421(a) and 2. ( Id. ).
Defendant has filed objections to Judge Feldman's Report and Recommendation that the Court deny Defendant's motion to dismiss counts one and two of the superseding indictment. After reviewing the parties' omnibus pretrial motion submissions (Dkt. 33, 40, 50, 51), Judge Feldman's Report and Recommendation (Dkt. 56), and Defendant's objections to the Report and Recommendation (Dkt. 58), the Court adopts the Report and Recommendation in its entirety.
On December 22, 2014, Defendant filed an omnibus pretrial motion, seeking various forms of pretrial relief. (Dkt. 33). The Government filed a response to the motion. (Dkt. 40). After receiving submissions from the parties, on February 18, 2015, Judge Feldman heard oral argument as to Defendant's omnibus motion. (Dkt. 56 at 1). During the hearing, the majority of Defendant's omnibus motion was resolved. ( Id.; see also Dkt. 42). The Court reserved decision on Defendant's motions to suppress and to dismiss counts one and two of the superseding indictment. (Dkt. 56 at 1). On March 4, 2015, and March 5, 2015, the Government and Defendant submitted supplemental letter briefs relating to the motions to dismiss and suppress. (Dkt. 50, 51).
On May 13, 2015, Judge Feldman issued a written Report and Recommendation, recommending denial of Defendant's motion to dismiss counts one and two of the superseding indictment. (Dkt. 56) Judge Feldman also recommended that the Court deem Defendant's motion to suppress to be withdrawn. ( Id. ).
On May 28, 2015, Defendant filed objections to Judge Feldman's Report and Recommendation. (Dkt. 58). Defendant did not object to the recommendation that Defendant's motion to suppress be deemed withdrawn, but did object to Judge Feldman's recommendation that the Court deny Defendant's motion to dismiss counts one and two of the superseding indictment. ( Id. ).
I. Legal Standard
A district court reviews any specific objections to a report and recommendation under a de novo standard. Fed.R.Crim.P. 59(b)(3); see also 28 U.S.C. § 636(b)(1) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made."); United States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir.1997) (court must make a de novo determination to the extent that a party makes specific objections to a magistrate's findings). To trigger the de novo review standard, objections to a report "must be specific and clearly aimed at particular findings in the magistrate judge's proposal.'" McDonaugh v. Astrue, 672 F.Supp.2d 542, 547 (S.D.N.Y.2009) (quoting Molefe v. KLM Royal Dutch Airlines, 602 F.Supp.2d 485, 487 (S.D.N.Y.2009)). Following review of the report and recommendation, the district judge "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1).
The Court is not required to review de novo those portions of a report and recommendation to which objections were not filed. Male Juvenile, 121 F.3d at 38 ("We have adopted the rule that failure to object timely to a magistrate judge's report may operate as a waiver of any further judicial review of the decision, as long as the parties receive clear notice of the consequences of their failure to object.").
II. Defendant's Motion to Dismiss
Defendant objects to the following portions of Judge Feldman's Report and Recommendation: (1) the Court's finding that 18 U.S.C. § 1591 is a valid exercise of Congress's power under the commerce clause of the United States Constitution; (2) the Court's finding that the commerce clause empowers Congress to regulate wholly intrastate (rather than interstate) recruiting and obtaining of women and minors to perform commercial sex acts; and (3) ...