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17-005 - USA v. Blackaby et al


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17-005 - USA v. Blackaby et al
February 12, 2018
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MEMORANDUM OPINION & ORDER as to Kelsey L. Blackaby, Kyle A. Ruark, 1) The Report and Recommendation of the U.S. Magistrate Judge 51 is adopted in part and rejected in part as follows a) Insofar as the R&R recommends that the evidence obtained from Defendant Kelsey Blackaby's cell phone or statements made by her following her arrest without Miranda warning it is adopted as the findings of fact and conclusions of law of the Court b) In all other respects the R&R is rejected 2) Defendant's objection [65, 66] are hereby sustained as set forth therein 3) Defendant's Motions to suppress [30, 31] are granted in full 4) The time period between the filing of the motions to suppress and the Order totaling 228 days is excluded from the provisions of STA pursuant to 18 USC 3161(h)(1)(D); 5) US shall file a status report w/in 20 dys from date of entry of this order, advising Court of its intentions in this matter and whether it intends to appeal the Court's decision granting Defendant's motion to suppress and 6) a hearing to set conditions of release for both Defendant's is scheduled for February 15, 2018, at 9:30 a.m. in Ashland before Mag. Judge Atkins . Signed by Judge David L. Bunning on 2/12/18. (SMT)cc: COR,USM,USP MEMORANDUM OPINION & ORDER as to Kelsey L. Blackaby, Kyle A. Ruark, 1) The Report and Recommendation of the U.S. Magistrate Judge 51 is adopted in part and rejected in part as follows a) Insofar as the R&R recommends that the evidence obtained from Defendant Kelsey Blackaby's cell phone or statements made by her following her arrest without Miranda warning it is adopted as the findings of fact and conclusions of law of the Court b) In all other respects the R&R is rejected 2) Defendant's objection [65, 66] are hereby sustained as set forth therein 3) Defendant's Motions to suppress [30, 31] are granted in full 4) The time period between the filing of the motions to suppress and the Order totaling 228 days is excluded from the provisions of STA pursuant to 18 USC 3161(h)(1)(D); 5) US shall file a status report w/in 20 dys from date of entry of this order, advising Court of its intentions in this matter and whether it intends to appeal the Court's decision granting Defendant's motion to suppress and 6) a hearing to set conditions of release for both Defendant's is scheduled for February 15, 2018, at 9:30 a.m. in Ashland before Mag. Judge Atkins . Signed by Judge David L. Bunning on 2/12/18. (SMT)cc: COR,USM,USP