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U.S. v. FORE, 1:15-cr-00006-MR-DLH. (2015)

Court: District Court, W.D. North Carolina Number: infdco20151215b30 Visitors: 2
Filed: Dec. 14, 2015
Latest Update: Dec. 14, 2015
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Defendant's Motion to Suppress [Doc. 11]; the Magistrate Judge's Memorandum and Recommendation regarding that motion [Doc. 26]; and the parties' objections to that recommendation [Docs. 27, 28]. On April 10, 2015, the Honorable Dennis L. Howell, United States Magistrate Judge, conducted an evidentiary hearing on the motion to suppress. On September 18, 2015, the Magistrate Judge issued a Memorandum and Recom
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ORDER

THIS MATTER is before the Court on the Defendant's Motion to Suppress [Doc. 11]; the Magistrate Judge's Memorandum and Recommendation regarding that motion [Doc. 26]; and the parties' objections to that recommendation [Docs. 27, 28].

On April 10, 2015, the Honorable Dennis L. Howell, United States Magistrate Judge, conducted an evidentiary hearing on the motion to suppress. On September 18, 2015, the Magistrate Judge issued a Memorandum and Recommendation, recommending that the motion to suppress be granted in part and denied in part. [Doc. 26]. Both the Defendant and the Government timely filed Objections to the Memorandum and Recommendation. [Docs. 27, 28].

Upon conducting a de novo review of the Memorandum and Recommendation, the Court finds that the Magistrate Judge's proposed findings of fact are correct and that the proposed conclusions of law are consistent with current case law. Accordingly, the Court hereby accepts the Magistrate Judge's recommendation that the Defendant's Motion to Suppress be granted in part and denied in part.

IT IS, THEREFORE, ORDERED that the parties' Objections to the Magistrate Court's Recommendation [Docs. 27, 28] are OVERRULED; the Magistrate Judge's Memorandum and Recommendation [Doc. 26] is ACCEPTED; and the Motion to Suppress [Doc. 11] is GRANTED IN PART and DENIED IN PART as follows:

(1) The Motion to Suppress is DENIED as to the clear jar of marijuana and its contents and the box of ammunition and its contents.

(2) The Motion to Suppress is GRANTED as to the remaining items seized in the search, including: the heroin discovered in the glasses case; the firearm discovered in the duffle bag; other items discovered in the room (scales, plastic bags, cell phones, and a glass pipe); and the Defendant's statements regarding the ownership of the marijuana.

IT IS SO ORDERED.

Source:  Leagle

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