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17-1860 - USA v. Urena-Villa


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17-1860 - USA v. Urena-Villa
June 25, 2018
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REPORT AND RECOMMENDATION as to Emilio Urena-Villa. The Magistrate Judge recommends that the District Judge after her independent review STRIKE Defendant Emilio Urena-Villas pro se Motion to Dismiss Indictment (Doc. 43), Motion for a Bill of Particulars (Doc. 44), Motion for a Rebuttable Presumption Against Federal Jurisdiction (Doc. 45), and Petition to Dismiss Lack of Evidence (Doc. 56). Any party may serve and file written objections within fourteen (14) days after being served with a copy of this Report and Recommendation. No reply shall be filed unless leave is granted from the District Court. If objections are filed, the parties should use the following case number: CR-17-01860-TUC-CKJ. Failure to file timely objections to any factual or legal determination of the Magistrate Judge in accordance with Fed. R. Crim. P. 59 may result in waiver of the right of review. Signed by Magistrate Judge Bruce G Macdonald on 6/25/2018.(SIB)
July 17, 2018
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AMENDED REPORT AND RECOMMENDATION as to Emilio Urena-Villa: The Magistrate Judge recommends that the District Judge deny 24 MOTION to Dismiss Indictment - Lack of Jurisdiction, 25 MOTION to Produce Grand Jury Transcripts, and 34 MOTION to Dismiss (Commerce Clause). Pursuant to 28 U.S.C. ยง636 (b) and Rule 59(b)(2) of the Federal Rules of Criminal Procedure, any party may serve and file written objections within 14 days after being served with a copy of this Report and Recommendation. Signed by Magistrate Judge Bruce G Macdonald on 7/16/2018.(BAR)
July 25, 2018
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ORDERED the 60 Objection is OVERRULED and the 57 Report and Recommendation is adopted as to Emilio Urena-Villa. It is further ordered, the Motion to Dismiss Indictment (Doc. 43), Motion for a Bill of Particulars (Doc. 44), Motion for a Rebuttable Presumption Against Federal Jurisdiction (Doc. 45), and Petition to Dismiss Lack of Evidence (Doc. 56) filed as attachments to Notices by defense counsel are STRICKEN. Signed by Senior Judge Cindy K Jorgenson on 7/24/2018.(BAR) Modified on 7/25/2018 (BAR).
August 6, 2018
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ORDERED: The 69 Report and Recommendation as to Emilio Urena-Villa (1) is adopted. The 24 Motion to Dismiss Indictment [sic] Lack of Jurisdiction is denied. The 25 Motion for Production of Grand Jury Transcript is denied. The 34 Motion to Dismiss (Commerce Clause) is denied. Signed by Senior Judge Cindy K Jorgenson on 8/6/2018.(BAR)