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U.S. v. PINEDA, 16-10032-CR-MARTINEZ/SNOW. (2017)

Court: District Court, N.D. Florida Number: infdco20170111b75 Visitors: 34
Filed: Jan. 10, 2017
Latest Update: Jan. 10, 2017
Summary: ORDER ADOPTING MAGISTRATE SNOW'S REPORT AND RECOMMENDATION JOSE E. MARTINEZ , District Judge . THIS CAUSE came before the Court upon Defendant Julio Bravo Pineda's Motion to Dismiss Indictment Based on Lack of Jurisdiction, and Unconstitutionality of the Statute as Applied (ECF No. 27), adopted by Defendants Andres Albeto Davila-Mendoza and Otmar Sing Gonzalez (ECF No. 32). THE MATTER was referred to United States Magistrate Judge Lurana S. Snow. A Report and Recommendation (ECF No. 40)
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ORDER ADOPTING MAGISTRATE SNOW'S REPORT AND RECOMMENDATION

THIS CAUSE came before the Court upon Defendant Julio Bravo Pineda's Motion to Dismiss Indictment Based on Lack of Jurisdiction, and Unconstitutionality of the Statute as Applied (ECF No. 27), adopted by Defendants Andres Albeto Davila-Mendoza and Otmar Sing Gonzalez (ECF No. 32).

THE MATTER was referred to United States Magistrate Judge Lurana S. Snow. A Report and Recommendation (ECF No. 40) was filed on December 12, 2016, recommending that Defendant Julio Bravo Pineda's Motion to Dismiss Indictment Based on Lack of Jurisdiction, and Unconstitutionality of the Statute as Applied (ECF No. 27), adopted by Defendants Andres Albeto Davila-Mendoza and Otmar Sing Gonzalez (ECF No. 32) be denied. The parties were afforded the opportunity to file written objections fourteen (14) days from the date of the report, and the record reveals that objections to magistrate's order denying defendant's motion to dismiss Indictment were filed. The Court has reviewed the entire file and record and after careful consideration, the Court affirms and adopts the Report and Recommendation. Accordingly, it is hereby:

ORDERED AND ADJUDGED that United States Magistrate Judge Lurana S. Snow's Report and Recommendation (ECF No. 40) of December 12, 2016 is hereby AFFIRMED and ADOPTED in its entirety.

Defendant Julio Bravo Pineda's Motion to Dismiss Indictment Based on Lack of Jurisdiction, and Unconstitutionality of the Statute as Applied (ECF No. 27), adopted by Defendants Andres Albeto Davila-Mendoza and Otmar Sing Gonzalez (ECF No. 32) are DENIED.

DONE AND ORDERED.

Source:  Leagle

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