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U.S. v. Yu, 3:17-CR-180-CRS. (2019)

Court: District Court, W.D. Kentucky Number: infdco20190116b89 Visitors: 20
Filed: Jan. 14, 2019
Latest Update: Jan. 14, 2019
Summary: ORDER CHARLES R. SIMPSON, III , Senior District Judge . For the reasons set forth in the Memorandum Opinion entered on this date, and the Court being otherwise sufficiently advised, the Court: DENIES the Defendant's motion to suppress in part and GRANTS the Defendant's motion to suppress in part (DN 17). The motion is DENIED as to any statements made by Yu after he was handcuffed, the ammunition, and the second gun found in Yu's bedroom, with leave to refile the motion if the United
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ORDER

For the reasons set forth in the Memorandum Opinion entered on this date, and the Court being otherwise sufficiently advised, the Court:

DENIES the Defendant's motion to suppress in part and GRANTS the Defendant's motion to suppress in part (DN 17). The motion is DENIED as to any statements made by Yu after he was handcuffed, the ammunition, and the second gun found in Yu's bedroom, with leave to refile the motion if the United States seeks to introduce the evidence; GRANTED as to Yu's statement regarding the gun under his pillow made after he was arrested; and DENIED as to the first gun found under Yu's pillow, conditioned on the United States producing a valid administrative warrant within fourteen days of entry of this opinion and order.

ORDERS the United States to file in this Court the administrative arrest warrant utilized to arrest Yu WITHIN FOURTEEN DAYS OF ENTRY OF THIS ORDER.

ACCEPTS AND ADOPTS the Report & Recommendation of the magistrate judge (DN 38) as supplemented by the Memorandum Opinion entered on this date.

OVERRULES the objections of the Defendant in part and SUSTAINS the objections of the Defendant in part (DN 39) as explained by the Memorandum Opinion entered on this date.

IT IS SO ORDERED.

Source:  Leagle

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