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U.S. v. JOHNSON, 13-14047-CR-MARTINEZ-LYNCH. (2015)

Court: District Court, N.D. Florida Number: infdco20150109644 Visitors: 16
Filed: Jan. 08, 2015
Latest Update: Jan. 08, 2015
Summary: ORDER ADOPTING IN PART MAGISTRATE JUDGE LYNCH'S REPORT AND RECOMMENDATION JOSE E. MARTINEZ, District Judge. THE MATTER wasreferred to the Honorable Frnnk J. Lynch, Jr., United States Magistrate Judge for a Reportand Recommendation on defense counsel, Valentine Rodriguez's, CJA Voucher for Attorney's Fees (ECF No. 4001. Magistrate Judge Lynch filed a Report and Recommendation (ECF No. 4011, recommending that the CJA Voucher be granted insofar as Mr. Rodriguez be awarded the statutory maximum o
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ORDER ADOPTING IN PART MAGISTRATE JUDGE LYNCH'S REPORT AND RECOMMENDATION

JOSE E. MARTINEZ, District Judge.

THE MATTER wasreferred to the Honorable Frnnk J. Lynch, Jr., United States Magistrate Judge for a Reportand Recommendation on defense counsel, Valentine Rodriguez's, CJA Voucher for Attorney's Fees (ECF No. 4001. Magistrate Judge Lynch filed a Report and Recommendation (ECF No. 4011, recommending that the CJA Voucher be granted insofar as Mr. Rodriguez be awarded the statutory maximum of $9,800.00 as reasonable attorney's fees together with travel expenses in them amount of $802.75 and other expenses in the amount of $164.05, for a total sum of $10,766.80. Mr. Rodriguez objected to Judge Lynch's findings, arguing that the facts of the case made it extended and complex, thus entitling Mr. Rodriguezto $14,061.80 in attomeys fees and costs [ECF No. 402].

The Courthas reviewed the entire file and record and has made a de novo review of the issues that the objections to the Magistrate Judge's Report and Recommendation present. Judge Lynch conducted a thorough analysis of the merits of Mr. Rodriguez's request to exceed the statutory maximum . Although Judge Lynch found thatthe case was neitherextended or complex, it is apparent that he did not arrive at this conclusion without difficulty. While acknowledging that this is a close call, the Court respectfully disagrees with Judge Lynch's conclusion. This particular CJA assignment required a suppression hearing on January 8, 2014, where numerous witnesses were presented and cross-examined. The case also involved a defendant who was a suspectin five distinet bank robberies which involved different co-defendants, different banks, and different jurisdictions. Therefore, after careful consideration, the Court finds this case was sufficiently extended and complex to justify exceeding the statutory cap. The Court thus affirms and adopts the Report and Recommendation in part, finding that Mr. Rodriguez is entitled to the total amount of attorney's fees sought as adjusted by the CJA Administrator in addition to the requested expenses. Accordingly, it is hereby:

ADJUDGED that United States Magistrate Judge Lynch's Report and Recommendation (ECF No.401) is AFFIRMED IN PART and ADOPTED IN PART. Accordingly, it is:

ADJUDGED that the CJA Voucher #FLS 13-1041 is GRANTED. Defendant's counsel, Valentin Rodriguez, is entitled to $14,061.80 as reasonable attomey's fees together with travel expenses in the amount of $802.75 and other expenses in the amount of $164.05, for a total sum of $15,028.60.

DONEAND ORDERED.

Source:  Leagle

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