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15-010 - USA v. Luke


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15-010 - USA v. Luke
May 31, 2016
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MEMORANDUM OPINION as to Jerry Luke re: 39 First Motion to Suppress as to Jerry Luke. Signed by Magistrate Judge Hanly A. Ingram on 5/31/2016. (RBB)cc: COR,USM,USP
July 12, 2016
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REPORT AND RECOMMENDATIONS as to Jerry Luke: The Court's May 31, 2016 Memorandum Opinion (D.E. 72) is expressly adopted, in full, herein. Based upon the Courts proposed findings of fact and conclusions of law made in that Memorandum Opinion and as set forth above, the undersigned RECOMMENDS that Defendants Motion to Suppress (D.E. 39) be GRANTED, IN PART, and DENIED, IN PART. Specifically, the undersigned recommends that the District Judge find that the January 16, 2013 warrant was invalid, and neither Defendants consent, the plain view exception, nor Leon apply to save the seizure of the computer equipment in Defendants residence. Furthermore, although the January 17, 2013 warrant was not supported by probable cause, the undersigned recommends that the District Judge find that the Leon good faith exception applies to the search conducted pursuant to that warrant. The Court directs the parties to 28 U.S.C. § 636(b)(1) for appeal rights concerning this recommendation, issued under subsection (B) of that statute. Objections to R&R due by 7/29/2016. Signed by Magistrate Judge Hanly A. Ingram on 7/12/2016. (RBB)cc: COR,USM,USP
December 12, 2016
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MEMORANDUM OPINION AND ORDER : 1. Defendant Luke' objections to the Magistrate Judge's Recommended Disposition [R. 83] are OVERRULED; 2. The Government's ObJection to Magistrate Judge's Recommended Disposition is denied as MOOT; 3. Luke's Motion to Suppress Evidence [R. 39] is appropriately DENIED in part and GRANTED in part in accordance with the Magistrate Judge's Recommended Disposition [R. 81] and Memorandum Opinion [R. 72]; and 4. The Court hereby INCORPORATES by reference Judge Ingram's Recommended Disposition [R. 81] and Memorandum Opinion [R. 72] as and for the opinion of the Court. Signed by Judge Gregory F. VanTatenhove on 12/9/16. (SYD)cc: COR,
March 21, 2018
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REPORT AND RECOMMENDATIONS as to Jerry Luke re 114 MOTION to Vacate under 28 U.S.C. 2255: For the reasons outlined above, it is RECOMMENDED that Defendants Motion to Vacate pursuant to 28 U.S.C. § 2255 [R. 114] be DENIED. Specific objections to this Report and Recommendation must be filed within fourteen (14) days from the date of service thereof or further appeal is waived.. Signed by Magistrate Judge Edward B. Atkins on 3/21/2018. (JMB)cc: COR,USP, Jerry Luke via US Mail
November 7, 2018
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MEMORANDUM OPINION AND ORDER as to Jerry Luke (1): 1. Defendant/Petitioner Jerry Luke's Motion for Transcripts and Discovery [R. 123] is DENIED WITHOUT PREJUDICE and Counsel for Mr. Luke is DIRECTED to review the pro se filing and refile any motions he deems appropriate; 2. Defendant/Petitioner Jerry Luke's Motion to Take Judicial Notice [R. 126] is CONSTRUED as Objections to the Recommended Disposition; 3. Defendant/Petitioner Jerry Luke's Objections to the Recommended Disposition [R. 118; R. 126] are OVERRULED; 4. The Magistrate Judge's Recommended Disposition [R. 117] is ADOPTED as and for the Opinion of this Court; 5. Defendant/Petitioner Jerry Luke's Motion to Vacate under § 2255 [R. 114] is DISMISSED WITH PREJUDICE; 6. A Certificate of Appealability is DENIED as to all issues raised by the Defendant; 7. JUDGMENT in favor of the United States will be entered contemporaneously herewith. Signed by Judge Gregory F. VanTatenhove on 11/7/2018. (KJA)cc: COR,USM,USP, pro se filer via US Mail Civil Case 6:18-cv-00064-GFVT-EBA closed.