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U.S. v. EAGLE, CR. 13-30079-RAL. (2013)

Court: District Court, D. South Dakota Number: infdco20130802b47 Visitors: 14
Filed: Jul. 12, 2013
Latest Update: Jul. 12, 2013
Summary: REPORT AND RECOMMENDATION FOR DISPOSITION OF DEFENDANT'S MOTION TO SUPPRESS STATEMENTS MARK A. MORENO, Magistrate Judge. Defendant, Jeryn Big Eagle has filed a Motion to Suppress Statements, Docket No. 20. Because Defendant's Motion is a dispositive one, this Court is only authorized to determine the same on a report and recommendation basis. See 28 U.S.C. 636(b)(1). Based on the findings, authorities and legal discussion made on the record at the July 12, 2013 hearing, the Court hereby R
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REPORT AND RECOMMENDATION FOR DISPOSITION OF DEFENDANT'S MOTION TO SUPPRESS STATEMENTS

MARK A. MORENO, Magistrate Judge.

Defendant, Jeryn Big Eagle has filed a Motion to Suppress Statements, Docket No. 20. Because Defendant's Motion is a dispositive one, this Court is only authorized to determine the same on a report and recommendation basis. See 28 U.S.C. § 636(b)(1). Based on the findings, authorities and legal discussion made on the record at the July 12, 2013 hearing, the Court hereby

RECOMMENDS that Defendant's Motion be granted in part and denied in part. Defendant's initial statements to Officer Dupris may not be used or referred to in the Government's case-in-chief at trial, but may be admissible, if found to be voluntary, as impeachment evidence in the event he testifies. His later statements, made to Officer Jamerson, are fully admissible at trial.

Source:  Leagle

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