U.S. v. Fryson, CR 18-01495-TUC-JAS (EJM). (2018)
Court: District Court, D. Arizona
Number: infdco20181212870
Visitors: 14
Filed: Nov. 20, 2018
Latest Update: Nov. 20, 2018
Summary: REPORT AND RECOMMENDATION ERIC J. MARKOVICH , Magistrate Judge . Pending before the Court is a motion to suppress an unduly suggestive show-up identification of the defendant, Jovante Lamar Fryson, II. After an evidentiary hearing on the motion to suppress, the government represented that it would not offer evidence of the show-up identification at trial. Defense counsel conceded that the government's agreement not to introduce evidence regarding the show-up identification is the relief tha
Summary: REPORT AND RECOMMENDATION ERIC J. MARKOVICH , Magistrate Judge . Pending before the Court is a motion to suppress an unduly suggestive show-up identification of the defendant, Jovante Lamar Fryson, II. After an evidentiary hearing on the motion to suppress, the government represented that it would not offer evidence of the show-up identification at trial. Defense counsel conceded that the government's agreement not to introduce evidence regarding the show-up identification is the relief that..
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REPORT AND RECOMMENDATION
ERIC J. MARKOVICH, Magistrate Judge.
Pending before the Court is a motion to suppress an unduly suggestive show-up identification of the defendant, Jovante Lamar Fryson, II. After an evidentiary hearing on the motion to suppress, the government represented that it would not offer evidence of the show-up identification at trial. Defense counsel conceded that the government's agreement not to introduce evidence regarding the show-up identification is the relief that he seeks in the instant motion.
Based on the government's representation that it will not introduce at trial the very evidence that the defense seeks to suppress, it is recommended that the motion to suppress [Doc. 45] be DISMISSED without prejudice as moot.
Pursuant to 28 U.S.C. § 636(b) and Rule 59(b)(2) of the Federal Rules of Criminal Procedure, any party may serve and file written objections within fourteen (14) days after being served with a copy of this Report and Recommendation. No reply shall be filed unless leave is granted from the District Court. If objections are filed, the parties should use the following case number: CR 18-01495-TUC-JAS.
Failure to file timely objections to any factual or legal determination of the Magistrate Judge in accordance with Fed. R. Crim. P. 59 may result in waiver of the right of review.
Source: Leagle
