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U.S. v. Wall, 1:16-CR-145-7-TWT. (2018)

Court: District Court, N.D. Georgia Number: infdco20181019j79 Visitors: 26
Filed: Oct. 16, 2018
Latest Update: Oct. 16, 2018
Summary: ORDER THOMAS W. THRASH, JR. , District Judge . This is a criminal RICO action. It is before the Court on the Report and Recommendation [Doc. 1188] of the Magistrate Judge recommending denying the Defendant's Motion for Bill of Particulars [Doc. 675] as moot and granting the Defendant's Motion to Suppress [Doc. 704]. The Court approves and adopts the Report and Recommendation as the judgment of the Court as to the Defendant's Motion for Bill of Particulars [Doc. 675] which is DENIED as moot.
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ORDER

This is a criminal RICO action. It is before the Court on the Report and Recommendation [Doc. 1188] of the Magistrate Judge recommending denying the Defendant's Motion for Bill of Particulars [Doc. 675] as moot and granting the Defendant's Motion to Suppress [Doc. 704]. The Court approves and adopts the Report and Recommendation as the judgment of the Court as to the Defendant's Motion for Bill of Particulars [Doc. 675] which is DENIED as moot. I am inclined to agree with the Magistrate Judge that the search warrant did not authorize a search of the black suitcase. But it did expressly authorize a search of the "plastic containers." There is a dispute as to whether the ammunition was found in the suitcase or in one of the plastic containers. Therefore, I will hold a de novo evidentiary hearing on this issue. For now, I decline to adopt the Report and Recommendation as to the Defendant's Motion to Suppress [Doc. 704].

SO ORDERED.

Source:  Leagle

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