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16-339 - USA v. Forthun et al


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16-339 - USA v. Forthun et al
June 19, 2017
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REPORT AND RECOMMENDATION as to Preston E Forthun Recommends 152 MOTION to Suppress Search and Seizure Evidence, 146 Joint MOTION to Dismiss the Indictment be denied. Objections to R&R due by 7/3/2017. Responses to Objections to R&R due by 7/17/2017. Order on R&R Issue Date 8/16/2017. Signed by Magistrate Judge Franklin L. Noel on 6/19/17. (kt) Modified text on 6/20/2017 (kt).
June 19, 2017
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REPORT AND RECOMMENDATION as to Abdisalan A Hussein Recommends 146 Joint MOTION to Dismiss the Indictment be denied. Objections to R&R due by 7/3/2017. Responses to Objections to R&R due by 7/17/2017. Order on R&R Issue Date 8/16/2017. Signed by Magistrate Judge Franklin L. Noel on 6/19/17. (kt) Modified text on 6/20/2017 (kt).
June 19, 2017
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REPORT AND RECOMMENDATION as to Carlos P Luna Recommends 181 MOTION to Dismiss Indictment, 183 MOTION to Suppress Evidence Obtained Through Illegal Search be denied. Objections to R&R due by 7/3/2017. Responses to Objections to R&R due by 7/17/2017. Order on R&R Issue Date 8/16/2017. Signed by Magistrate Judge Franklin L. Noel on 6/19/17. (kt) Modified text on 6/20/2017 (kt).
August 11, 2017
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ORDER. IT IS HEREBY ORDERED: 1. United States Magistrate Judge Franklin L. Noel's July 6, 2017 Order 245 is AFFIRMED. 2. Defendant Preston Forthun's objection to the July 6, 2017 Order 247 is OVERRULED. 3. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Franklin L. Noel dated June 19, 2017 223 224 225 226 227. 4. Defendant Dana Comeaux's Motion to Suppress Statements, Admissions, and Answers 149 is DENIED AS MOOT. 5. Defendant Preston Forthun's Motion to Suppress Search and Seizure Evidence 152 is DENIED. 6. Defendant Carlos Luna's Motion to Suppress Evidence Obtained through Illegal Search 183 is DENIED. 7. Defendants Preston Forthun, Dana Comeaux, and Abdisalan Husseins Joint Motion to Dismiss the Indictment 146 is DENIED. 8. Defendant Carlos Luna's Motion to Dismiss the Indictment 181 is DENIED. 9. Defendant Sahal Warsame's Motion to Dismiss the Indictment 195 is DENIED AS MOOT. Signed by Judge Michael J. Davis on 8/11/17. (KMW) Modified text on 8/14/2017 (ACH).ORDER. IT IS HEREBY ORDERED: 1. United States Magistrate Judge Franklin L. Noel's July 6, 2017 Order 245 is AFFIRMED. 2. Defendant Preston Forthun's objection to the July 6, 2017 Order 247 is OVERRULED. 3. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Franklin L. Noel dated June 19, 2017 223 224 225 226 227. 4. Defendant Dana Comeaux's Motion to Suppress Statements, Admissions, and Answers 149 is DENIED AS MOOT. 5. Defendant Preston Forthun's Motion to Suppress Search and Seizure Evidence 152 is DENIED. 6. Defendant Carlos Luna's Motion to Suppress Evidence Obtained through Illegal Search 183 is DENIED. 7. Defendants Preston Forthun, Dana Comeaux, and Abdisalan Husseins Joint Motion to Dismiss the Indictment 146 is DENIED. 8. Defendant Carlos Luna's Motion to Dismiss the Indictment 181 is DENIED. 9. Defendant Sahal Warsame's Motion to Dismiss the Indictment 195 is DENIED AS MOOT. Signed by Judge Michael J. Davis on 8/11/17. (KMW) Modified text on 8/14/2017 (ACH).ORDER. IT IS HEREBY ORDERED: 1. United States Magistrate Judge Franklin L. Noel's July 6, 2017 Order 245 is AFFIRMED. 2. Defendant Preston Forthun's objection to the July 6, 2017 Order 247 is OVERRULED. 3. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Franklin L. Noel dated June 19, 2017 223 224 225 226 227. 4. Defendant Dana Comeaux's Motion to Suppress Statements, Admissions, and Answers 149 is DENIED AS MOOT. 5. Defendant Preston Forthun's Motion to Suppress Search and Seizure Evidence 152 is DENIED. 6. Defendant Carlos Luna's Motion to Suppress Evidence Obtained through Illegal Search 183 is DENIED. 7. Defendants Preston Forthun, Dana Comeaux, and Abdisalan Husseins Joint Motion to Dismiss the Indictment 146 is DENIED. 8. Defendant Carlos Luna's Motion to Dismiss the Indictment 181 is DENIED. 9. Defendant Sahal Warsame's Motion to Dismiss the Indictment 195 is DENIED AS MOOT. Signed by Judge Michael J. Davis on 8/11/17. (KMW) Modified text on 8/14/2017 (ACH).ORDER. IT IS HEREBY ORDERED: 1. United States Magistrate Judge Franklin L. Noel's July 6, 2017 Order 245 is AFFIRMED. 2. Defendant Preston Forthun's objection to the July 6, 2017 Order 247 is OVERRULED. 3. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Franklin L. Noel dated June 19, 2017 223 224 225 226 227. 4. Defendant Dana Comeaux's Motion to Suppress Statements, Admissions, and Answers 149 is DENIED AS MOOT. 5. Defendant Preston Forthun's Motion to Suppress Search and Seizure Evidence 152 is DENIED. 6. Defendant Carlos Luna's Motion to Suppress Evidence Obtained through Illegal Search 183 is DENIED. 7. Defendants Preston Forthun, Dana Comeaux, and Abdisalan Husseins Joint Motion to Dismiss the Indictment 146 is DENIED. 8. Defendant Carlos Luna's Motion to Dismiss the Indictment 181 is DENIED. 9. Defendant Sahal Warsame's Motion to Dismiss the Indictment 195 is DENIED AS MOOT. Signed by Judge Michael J. Davis on 8/11/17. (KMW) Modified text on 8/14/2017 (ACH).ORDER. IT IS HEREBY ORDERED: 1. United States Magistrate Judge Franklin L. Noel's July 6, 2017 Order 245 is AFFIRMED. 2. Defendant Preston Forthun's objection to the July 6, 2017 Order 247 is OVERRULED. 3. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Franklin L. Noel dated June 19, 2017 223 224 225 226 227. 4. Defendant Dana Comeaux's Motion to Suppress Statements, Admissions, and Answers 149 is DENIED AS MOOT. 5. Defendant Preston Forthun's Motion to Suppress Search and Seizure Evidence 152 is DENIED. 6. Defendant Carlos Luna's Motion to Suppress Evidence Obtained through Illegal Search 183 is DENIED. 7. Defendants Preston Forthun, Dana Comeaux, and Abdisalan Husseins Joint Motion to Dismiss the Indictment 146 is DENIED. 8. Defendant Carlos Luna's Motion to Dismiss the Indictment 181 is DENIED. 9. Defendant Sahal Warsame's Motion to Dismiss the Indictment 195 is DENIED AS MOOT. Signed by Judge Michael J. Davis on 8/11/17. (KMW) Modified text on 8/14/2017 (ACH).ORDER. IT IS HEREBY ORDERED: 1. United States Magistrate Judge Franklin L. Noel's July 6, 2017 Order 245 is AFFIRMED. 2. Defendant Preston Forthun's objection to the July 6, 2017 Order 247 is OVERRULED. 3. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Franklin L. Noel dated June 19, 2017 223 224 225 226 227. 4. Defendant Dana Comeaux's Motion to Suppress Statements, Admissions, and Answers 149 is DENIED AS MOOT. 5. Defendant Preston Forthun's Motion to Suppress Search and Seizure Evidence 152 is DENIED. 6. Defendant Carlos Luna's Motion to Suppress Evidence Obtained through Illegal Search 183 is DENIED. 7. Defendants Preston Forthun, Dana Comeaux, and Abdisalan Husseins Joint Motion to Dismiss the Indictment 146 is DENIED. 8. Defendant Carlos Luna's Motion to Dismiss the Indictment 181 is DENIED. 9. Defendant Sahal Warsame's Motion to Dismiss the Indictment 195 is DENIED AS MOOT. Signed by Judge Michael J. Davis on 8/11/17. (KMW) Modified text on 8/14/2017 (ACH).ORDER. IT IS HEREBY ORDERED: 1. United States Magistrate Judge Franklin L. Noel's July 6, 2017 Order 245 is AFFIRMED. 2. Defendant Preston Forthun's objection to the July 6, 2017 Order 247 is OVERRULED. 3. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Franklin L. Noel dated June 19, 2017 223 224 225 226 227. 4. Defendant Dana Comeaux's Motion to Suppress Statements, Admissions, and Answers 149 is DENIED AS MOOT. 5. Defendant Preston Forthun's Motion to Suppress Search and Seizure Evidence 152 is DENIED. 6. Defendant Carlos Luna's Motion to Suppress Evidence Obtained through Illegal Search 183 is DENIED. 7. Defendants Preston Forthun, Dana Comeaux, and Abdisalan Husseins Joint Motion to Dismiss the Indictment 146 is DENIED. 8. Defendant Carlos Luna's Motion to Dismiss the Indictment 181 is DENIED. 9. Defendant Sahal Warsame's Motion to Dismiss the Indictment 195 is DENIED AS MOOT. Signed by Judge Michael J. Davis on 8/11/17. (KMW) Modified text on 8/14/2017 (ACH).
September 21, 2017
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ORDER as to Preston Ellard Forthun (1), Abdisalan Abdulahab Hussein (5), and Carlos Patricio Luna (6). IT IS HEREBY ORDERED: 1. Defendant Forthun's Motion in Limine to Exclude Reference to Separate Alleged Conspiracy 286 is DENIED. 2. Defendant Hussein's Motion in Limine to Exclude Fed. R. Evid. 404(b) Evidence 290 is DENIED. 3. The Government's Notice of Intent to Introduce and Motion in Limine to Admit Evidence Pursuant to Rule 404(b) 301 is GRANTED. 4. The Government's Notice of Intent to Introduce and Motion in Limine to Admit Evidence Pursuant to Rule 404(b) Related to Defendant Preston Forthun 326 is DENIED. 5. Defendant Hussein's Motion in Limine to Exclude Governments Use of Term "Runner" in Referring to Defendant Hussein 293 is DENIED. 6. Defendant Hussein's Motion in Limine to Exclude Arguments Relating to Minn. Stat. § 609.612 296 is DENIED. 7. Defendant Luna's Motions in Limine 303 are DENIED. 8. Defendant Luna's Second Motion in Limine 318 is GRANTED. (Written Opinion). Signed by Judge Michael J. Davis on 9/21/17. (GRR)ORDER as to Preston Ellard Forthun (1), Abdisalan Abdulahab Hussein (5), and Carlos Patricio Luna (6). IT IS HEREBY ORDERED: 1. Defendant Forthun's Motion in Limine to Exclude Reference to Separate Alleged Conspiracy 286 is DENIED. 2. Defendant Hussein's Motion in Limine to Exclude Fed. R. Evid. 404(b) Evidence 290 is DENIED. 3. The Government's Notice of Intent to Introduce and Motion in Limine to Admit Evidence Pursuant to Rule 404(b) 301 is GRANTED. 4. The Government's Notice of Intent to Introduce and Motion in Limine to Admit Evidence Pursuant to Rule 404(b) Related to Defendant Preston Forthun 326 is DENIED. 5. Defendant Hussein's Motion in Limine to Exclude Governments Use of Term "Runner" in Referring to Defendant Hussein 293 is DENIED. 6. Defendant Hussein's Motion in Limine to Exclude Arguments Relating to Minn. Stat. § 609.612 296 is DENIED. 7. Defendant Luna's Motions in Limine 303 are DENIED. 8. Defendant Luna's Second Motion in Limine 318 is GRANTED. (Written Opinion). Signed by Judge Michael J. Davis on 9/21/17. (GRR)ORDER as to Preston Ellard Forthun (1), Abdisalan Abdulahab Hussein (5), and Carlos Patricio Luna (6). IT IS HEREBY ORDERED: 1. Defendant Forthun's Motion in Limine to Exclude Reference to Separate Alleged Conspiracy 286 is DENIED. 2. Defendant Hussein's Motion in Limine to Exclude Fed. R. Evid. 404(b) Evidence 290 is DENIED. 3. The Government's Notice of Intent to Introduce and Motion in Limine to Admit Evidence Pursuant to Rule 404(b) 301 is GRANTED. 4. The Government's Notice of Intent to Introduce and Motion in Limine to Admit Evidence Pursuant to Rule 404(b) Related to Defendant Preston Forthun 326 is DENIED. 5. Defendant Hussein's Motion in Limine to Exclude Governments Use of Term "Runner" in Referring to Defendant Hussein 293 is DENIED. 6. Defendant Hussein's Motion in Limine to Exclude Arguments Relating to Minn. Stat. § 609.612 296 is DENIED. 7. Defendant Luna's Motions in Limine 303 are DENIED. 8. Defendant Luna's Second Motion in Limine 318 is GRANTED. (Written Opinion). Signed by Judge Michael J. Davis on 9/21/17. (GRR)
September 25, 2017
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ORDER. United States Magistrate Judge Franklin L. Noel's September 8, 2017 Order 323 is AFFIRMED. Defendant Preston Forthun's objection to the September 8, 2017 Order 328 is OVERRULED. The Court ADOPTS IN PART and MODIFIES IN PART, as set forth above, the Report and Recommendation of United States MagistrateJudge Franklin L. Noel dated September 8, 2017 322. Defendant Preston Forthun's Motion to Suppress Search and Seizure Evidence 152 is DENIED. Defendant Carlos Luna's Motion to Suppress Evidence Obtained through Illegal Search 183 is DENIED. Defendants Preston Forthun and Abdisalan Hussein's JointMotion to Dismiss the Indictment 146 is DENIED. Defendant Carlos Luna's Motion to Dismiss the Indictment 181 is DENIED. Defendants' Motions to Renew All Motions Previously Filed as to the Original Indictment 315 316 317 are DENIED. Signed by Judge Michael J. Davis on 9/25/17. (KMW) Modified text on 9/26/2017 (ACH).ORDER. United States Magistrate Judge Franklin L. Noel's September 8, 2017 Order 323 is AFFIRMED. Defendant Preston Forthun's objection to the September 8, 2017 Order 328 is OVERRULED. The Court ADOPTS IN PART and MODIFIES IN PART, as set forth above, the Report and Recommendation of United States MagistrateJudge Franklin L. Noel dated September 8, 2017 322. Defendant Preston Forthun's Motion to Suppress Search and Seizure Evidence 152 is DENIED. Defendant Carlos Luna's Motion to Suppress Evidence Obtained through Illegal Search 183 is DENIED. Defendants Preston Forthun and Abdisalan Hussein's JointMotion to Dismiss the Indictment 146 is DENIED. Defendant Carlos Luna's Motion to Dismiss the Indictment 181 is DENIED. Defendants' Motions to Renew All Motions Previously Filed as to the Original Indictment 315 316 317 are DENIED. Signed by Judge Michael J. Davis on 9/25/17. (KMW) Modified text on 9/26/2017 (ACH).ORDER. United States Magistrate Judge Franklin L. Noel's September 8, 2017 Order 323 is AFFIRMED. Defendant Preston Forthun's objection to the September 8, 2017 Order 328 is OVERRULED. The Court ADOPTS IN PART and MODIFIES IN PART, as set forth above, the Report and Recommendation of United States MagistrateJudge Franklin L. Noel dated September 8, 2017 322. Defendant Preston Forthun's Motion to Suppress Search and Seizure Evidence 152 is DENIED. Defendant Carlos Luna's Motion to Suppress Evidence Obtained through Illegal Search 183 is DENIED. Defendants Preston Forthun and Abdisalan Hussein's JointMotion to Dismiss the Indictment 146 is DENIED. Defendant Carlos Luna's Motion to Dismiss the Indictment 181 is DENIED. Defendants' Motions to Renew All Motions Previously Filed as to the Original Indictment 315 316 317 are DENIED. Signed by Judge Michael J. Davis on 9/25/17. (KMW) Modified text on 9/26/2017 (ACH).
March 7, 2018
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ORDER as to Sahal A Warsame (7). IT IS HEREBY ORDERED: Defendant Sahal A. Warsame's Motion to Withdraw Plea [Crim. File No. 16-339(7)451 [Crim. File No. 16-341(4) 274 is GRANTED. (Written Opinion). Signed by Judge Michael J. Davis on 3/7/2018. (GRR)
April 5, 2018
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MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: 1. Defendant Forthun's Motion for Judgment of Acquittal Pursuant to Rule 29(c) of the Federal Rules of Criminal Procedure 421 is DENIED. 2. Defendant Luna's Post-trial Motion for Judgment of Acquittal 423 is DENIED. 3. Defendant Hussein's Renewed Motion for Judgment of Acquittal Pursuant to Fed. R. Crim. P. 29 425 is DENIED. (Written Opinion). Signed by Judge Michael J. Davis on 4/5/2018. (GRR)MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: 1. Defendant Forthun's Motion for Judgment of Acquittal Pursuant to Rule 29(c) of the Federal Rules of Criminal Procedure 421 is DENIED. 2. Defendant Luna's Post-trial Motion for Judgment of Acquittal 423 is DENIED. 3. Defendant Hussein's Renewed Motion for Judgment of Acquittal Pursuant to Fed. R. Crim. P. 29 425 is DENIED. (Written Opinion). Signed by Judge Michael J. Davis on 4/5/2018. (GRR)MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: 1. Defendant Forthun's Motion for Judgment of Acquittal Pursuant to Rule 29(c) of the Federal Rules of Criminal Procedure 421 is DENIED. 2. Defendant Luna's Post-trial Motion for Judgment of Acquittal 423 is DENIED. 3. Defendant Hussein's Renewed Motion for Judgment of Acquittal Pursuant to Fed. R. Crim. P. 29 425 is DENIED. (Written Opinion). Signed by Judge Michael J. Davis on 4/5/2018. (GRR)