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U.S. v. KOPP, 1:12-CR-0269-RWS. (2014)

Court: District Court, N.D. Georgia Number: infdco20140522922 Visitors: 10
Filed: May 21, 2014
Latest Update: May 21, 2014
Summary: ORDER RICHARD W. STORY, District Judge. This case is before the Court following a Remand [55] from the Eleventh Circuit Court of Appeals. The case was remanded to allow this Court to issue a final ruling on Defendant's Motion to Dismiss the Indictment for lack of jurisdiction or improper venue. After reviewing the record, the Judgment and Commitment [35] entered September 19, 2013, is hereby VACATED. The Court has reviewed the Report and Recommendation [22] of Magistrate Judge Janet F. King
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ORDER

RICHARD W. STORY, District Judge.

This case is before the Court following a Remand [55] from the Eleventh Circuit Court of Appeals. The case was remanded to allow this Court to issue a final ruling on Defendant's Motion to Dismiss the Indictment for lack of jurisdiction or improper venue. After reviewing the record, the Judgment and Commitment [35] entered September 19, 2013, is hereby VACATED. The Court has reviewed the Report and Recommendation [22] of Magistrate Judge Janet F. King and Defendant's Objections [26] thereto and receives the Report and Recommendation with approval and adopts it as the Opinion and Order of this Court. Accordingly, Defendant's Motion to Dismiss the Indictment [17] is hereby DENIED.

Having addressed the issue which is the subject of the remand of the case, the Judgment and Commitment [35] previously entered shall be REINSTATED.1 The Defendant is hereby advised that he shall have fourteen (14) days from the date of entry of this Order in which to file a notice of appeal.

SO ORDERED.

FootNotes


1. Defendant shall receive credit for the service of the custodial portion of his sentence. The Court's December 20, 2013 Order [53] revoking Defendant's supervised release and imposing additional conditions of supervised release is also REINSTATED. Defendant shall receive credit for the custodial portion of that revocation that he has already served and shall comply with the modified conditions of supervision as set out therein.
Source:  Leagle

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