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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. ยง 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,