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U.S. v. Corn, 4:16-CR-00097-1-DGK. (2018)

Court: District Court, W.D. Missouri Number: infdco20180612a15 Visitors: 16
Filed: Jun. 11, 2018
Latest Update: Jun. 11, 2018
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION GREG KAYS , Chief District Judge . On May 21, 2018 the Honorable John T. Maughmer, United States Magistrate Judge for the Western District of Missouri, issued his Report and Recommendation (Doc. 91) recommending that Defendant's Motion to Dismiss (Doc. 74) be denied. Defendant objected, arguing that his due process rights were violated by the Government's destruction of evidence. (Doc. 105). The Court has also reviewed de novo th
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ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

On May 21, 2018 the Honorable John T. Maughmer, United States Magistrate Judge for the Western District of Missouri, issued his Report and Recommendation (Doc. 91) recommending that Defendant's Motion to Dismiss (Doc. 74) be denied. Defendant objected, arguing that his due process rights were violated by the Government's destruction of evidence. (Doc. 105).

The Court has also reviewed de novo the transcripts of the proceedings held before Judge Maughmer on April 18, 2018. The Court ADPOTS the Magistrate Judge's Report and Recommendation and DENIES Defendant's Motion to Dismiss. As Judge Maughmer explained, "[t]he remedy, if any, would be an adverse inference instruction if there should be a proper showing at trial. Whether any such an instruction is necessary or appropriate will not be and cannot be determined at this time."

IT IS SO ORDERED.

Source:  Leagle

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