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United States v. Cortes, 19-cr-20214-GAYLES/OTAZO-REYES. (2020)

Court: District Court, N.D. Florida Number: infdco20200316863 Visitors: 13
Filed: Mar. 10, 2020
Latest Update: Mar. 10, 2020
Summary: ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION DARRIN P. GAYLES , District Judge . THIS CAUSE comes before the Court on Magistrate Judge Otazo-Reyes's Report and Recommendation (the "Report"). [ECF No. 150]. On January 6, 2020, Defendants filed a Motion to Suppress Statements (the "Motion"). [ECF No. 121]. On January 14, 2020, the Court referred the Motion to Magistrate Judge Otazo-Reyes, pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern Distr
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ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION

THIS CAUSE comes before the Court on Magistrate Judge Otazo-Reyes's Report and Recommendation (the "Report"). [ECF No. 150]. On January 6, 2020, Defendants filed a Motion to Suppress Statements (the "Motion"). [ECF No. 121]. On January 14, 2020, the Court referred the Motion to Magistrate Judge Otazo-Reyes, pursuant to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, for a Report and Recommendation. [ECF No. 127]. In her Report, Judge Otazo-Reyes recommended that the Motion be denied. [ECF No. 150]. On March 6, 2020, Defendants filed objections to the Report (the "Objections"), [ECF No. 161], and the United States of America responded to Defendants' Objections on March 8, 2020, [ECF No. 162].

A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections "pinpoint the specific findings that the party disagrees with." United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F.Supp.2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006).

Having conducted a de novo review of the record, the Court agrees with Judge Otazo-Reyes's well-reasoned analysis and conclusion that the Motion should be denied. Accordingly, after careful consideration, it is ORDERED AND ADJUDGED as follows:

(1) Judge Otazo-Reyes's Report [ECF No. 150] shall be AFFIRMED AND ADOPTED and incorporated into this Order by reference; and (2) Defendants' Motion shall be DENIED.

DONE AND ORDERED.

Source:  Leagle

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