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U.S. v. Cohen, 2:17-cr-00114-APG-CWH. (2018)

Court: District Court, D. Nevada Number: infdco20180815e98 Visitors: 6
Filed: Aug. 10, 2018
Latest Update: Aug. 10, 2018
Summary: Order Accepting Report and Recommendation and Denying Motion for Return of Property and for Suppression of Evidence [ECF Nos. 231, 232, 256] ANDREW P. GORDON , District Judge . On July 18, 2018, Magistrate Judge Hoffman issued a report and recommendation recommending I deny defendant David Alan Cohen's motion for return of property and for suppression of evidence because the motion was untimely. ECF No. 256. Cohen did not file an objection. Thus, I am not obligated to conduct a de novo rev
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Order Accepting Report and Recommendation and Denying Motion for Return of Property and for Suppression of Evidence

[ECF Nos. 231, 232, 256]

On July 18, 2018, Magistrate Judge Hoffman issued a report and recommendation recommending I deny defendant David Alan Cohen's motion for return of property and for suppression of evidence because the motion was untimely. ECF No. 256. Cohen did not file an objection. Thus, I am not obligated to conduct a de novo review of the report and recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to "make a de novo determination of those portions of the report or specified proposed findings to which objection is made"); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) ("the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise" (emphasis in original)).

IT IS THEREFORE ORDERED that Judge Hoffman's report and recommendation (ECF No. 256) is accepted and defendant David Alan Cohen's motion for return of property and for suppression of evidence (ECF Nos. 231, 232) are DENIED.

Source:  Leagle

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