Filed: May 24, 2012
Latest Update: May 24, 2012
Summary: ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court on Defendants Randall Sutton, Howard Wittner, and Brent Cassity's Joint Motion to Dismiss Count 50 of the Second Superseding Indictment (ECF Nos. 260, 272), and Combined Defendants' Motion to Dismiss Second Superseding Indictment (ECF Nos. 264, 270). Pursuant to 28 U.S.C. 636(b), this matter was referred to United States Magistrate Judge Thomas C. Mummert, III, who filed a Report and Recommendation on January 17, 2012.
Summary: ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court on Defendants Randall Sutton, Howard Wittner, and Brent Cassity's Joint Motion to Dismiss Count 50 of the Second Superseding Indictment (ECF Nos. 260, 272), and Combined Defendants' Motion to Dismiss Second Superseding Indictment (ECF Nos. 264, 270). Pursuant to 28 U.S.C. 636(b), this matter was referred to United States Magistrate Judge Thomas C. Mummert, III, who filed a Report and Recommendation on January 17, 2012. (..
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ORDER
JEAN C. HAMILTON, District Judge.
This matter is before the Court on Defendants Randall Sutton, Howard Wittner, and Brent Cassity's Joint Motion to Dismiss Count 50 of the Second Superseding Indictment (ECF Nos. 260, 272), and Combined Defendants' Motion to Dismiss Second Superseding Indictment (ECF Nos. 264, 270). Pursuant to 28 U.S.C. § 636(b), this matter was referred to United States Magistrate Judge Thomas C. Mummert, III, who filed a Report and Recommendation on January 17, 2012. (ECF No. 333). Magistrate Judge Mummert recommended that the Court deny Defendants' motions. Defendants submitted objections to Magistrate Judge Mummert's recommendation on April 5, 2012. (ECF No. 352).
After de novo review of the entire record in this matter, the Court adopts the Magistrate Judge's recommendation that Defendants' motions be denied.
Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation of the United States Magistrate Judge (ECF No. 333) is SUSTAINED, ADOPTED, AND INCORPORATED herein.
IT IS FURTHER ORDERED that Defendants Randall Sutton, Howard Wittner, and Brent Cassity's Joint Motion to Dismiss Count 50 of the Second Superseding Indictment (ECF Nos. 260, 272) is DENIED.
IT IS FURTHER ORDERED that Combined Defendants' Motion to Dismiss Second Superseding Indictment (ECF Nos. 264, 270) is DENIED.
