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U.S. v. Stapleton, 14-80151-CR-MIDDLEBROOKS/O'SULLIVAN (2019)

Court: District Court, N.D. Florida Number: infdco20190122c38 Visitors: 17
Filed: Jan. 17, 2019
Latest Update: Jan. 17, 2019
Summary: ORDER ADOPTING REPORT AND RECOMMENDATIONS DONALD M. MIDDLEBROOKS , District Judge . THIS CAUSE comes the Court upon a Report and Recommendation issued by United States Magistrate Judge John J. O'Sullivan ("Report") on December 14, 2018. (DE 71). Defendant Michael Stapleton ("Stapleton") filed two sets of objections to the Report on December 27, 2018. (DE 75 & 79). The United States filed a response to Defendant's objections on January 9, 2019. (DE 85). On September 4, 2014, Defendant was
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ORDER ADOPTING REPORT AND RECOMMENDATIONS

THIS CAUSE comes the Court upon a Report and Recommendation issued by United States Magistrate Judge John J. O'Sullivan ("Report") on December 14, 2018. (DE 71). Defendant Michael Stapleton ("Stapleton") filed two sets of objections to the Report on December 27, 2018. (DE 75 & 79). The United States filed a response to Defendant's objections on January 9, 2019. (DE 85).

On September 4, 2014, Defendant was indicted for two counts of conspiracy to smuggle aliens into the country and forty-five counts of substantive smuggling offenses on September 4, 2014. (DE 1). He had previously been indicted on October 17, 2013 in a separate case, 13-80201-CR-UNGARO, for a third conspiracy to smuggle aliens into the country. (13-80201 DE 13). He did not, however, initially appear in either case until July 27, 2018. (DE 7, 13-80201 DE 69). The delay had been caused by the United States' difficulty extraditing Defendant from the Bahamas and from Jamaica. (DE 71 at 4-8). During that time, Defendant did not know that he had been indicted. (Id. at 17). Defendant was eventually arrested pursuant to an Interpol red notice at the airport in Frankfurt, Germany on May 23, 2018. (Id. at 8). He was then extradited from Germany to the United States. (Id.)

On October 28, 2018, Defendant filed Motions to Dismiss both indictments against him for violation of his Sixth Amendment right to a speedy trial. (DE 47, 13-80201 DE 114). The Report recommends that the Motion to Dismiss in this case be denied.

Having conducted an independent de novo review of the record in this case, the Court agrees with the Report's recommendation as to the Motion to Dismiss in this case. Accordingly, it is hereby

ORDERED AND ADJUDGED that

(1) United States Magistrate Judge John J. O'Sullivan's Report (DE 71) is RATIFIED, ADOPTED, AND APPROVED in its entirety. (2) Defendant's Motion to Dismiss (DE 47) is DENIED.

DONE AND ORDERED.

Source:  Leagle

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