USA v. Hodgkin, 2:16-cr-00355-KJD-VCF. (2017)
Court: District Court, D. Nevada
Number: infdco20171206f95
Visitors: 16
Filed: Dec. 05, 2017
Latest Update: Dec. 05, 2017
Summary: ORDER KENT J. DAWSON , District Judge . Before the Court for consideration is the Report and Recommendation (#36) of Magistrate Judge Ferenbach, entered May 24, 2017, recommending that Defendant's Motion to Suppress Evidence Due to Fourth Amendment Violations (#18) be denied. Defendant timely filed Objections to the Magistrate Judge's Report and Recommendation (#40) pursuant to Local Rule IB 3-2. The Government filed a response to Defendant's Objections (#44). The Court has conducted a de
Summary: ORDER KENT J. DAWSON , District Judge . Before the Court for consideration is the Report and Recommendation (#36) of Magistrate Judge Ferenbach, entered May 24, 2017, recommending that Defendant's Motion to Suppress Evidence Due to Fourth Amendment Violations (#18) be denied. Defendant timely filed Objections to the Magistrate Judge's Report and Recommendation (#40) pursuant to Local Rule IB 3-2. The Government filed a response to Defendant's Objections (#44). The Court has conducted a de ..
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ORDER
KENT J. DAWSON, District Judge.
Before the Court for consideration is the Report and Recommendation (#36) of Magistrate Judge Ferenbach, entered May 24, 2017, recommending that Defendant's Motion to Suppress Evidence Due to Fourth Amendment Violations (#18) be denied. Defendant timely filed Objections to the Magistrate Judge's Report and Recommendation (#40) pursuant to Local Rule IB 3-2. The Government filed a response to Defendant's Objections (#44).
The Court has conducted a de novo review of the record in this case in accordance with 28 U.S.C. § 636(b)(1) and LR IB 3-2. Specifically, it reviewed the recording and transcript of the May 5, 2017 hearing regarding Defendant's Motion to Suppress (#18), and considered Defendant's arguments requesting a de novo hearing for a credibility determination as to Officer Diaz. The Court finds a rehearing is unnecessary, and that it can make its determination on the record alone. The Court determines that the Report and Recommendation (#36) of the United States Magistrate Judge entered May 24, 2017, should be ADOPTED and AFFIRMED.
IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (#36) entered May 24, 2017, are ADOPTED and AFFIRMED, and Defendant's Motion to Suppress Evidence Due to Fourth Amendment Violations (#18) is DENIED.
Source: Leagle
