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06-770 - USA v. Kain


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06-770 - USA v. Kain
February 23, 2007
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REPORT AND RECOMMENDATION as to Andrew Charles Kain: IT IS HEREBY RECOMMENDED that Deft's Motion to Suppress Evidence be DENIED 15; IT IS FURTHER RECOMMENDED that Deft's Motion to Suppress Statements be DENIED 16; IT IS HEREBY ORDERED that trial in this case has been set on 4/2/07 at 9:00 a.m. before the Honorable Rodney W. Sippel; re 15 MOTION to Suppress Evidence and re 16 MOTION to Suppress Statements; Objections to R&R due by 3/9/2007; Jury Trial set for 4/2/2007 09:00 AM in Courtroom 10S before Honorable Rodney W. Sippel; Signed by Judge Mary Ann L. Medler on 2/23/07 (CMA)
September 7, 2007
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SUPPLEMENTAL REPORT AND RECOMMENDATION as to Andrew Charles Kain - IT IS HEREBY RECOMMENDED that defendant's Renewed Motion to Suppress Evidence and Renewed Motion to Suppress Statements be DENIED. 37 IT IS HEREBY ORDERED that trial in this case is set on November 5, 2007 at 9:00 A.M. before the Honorable Rodney W. Sippel. The parties are advised that they have eleven (11) days in which to file written objections to this report and recommendation pursuant to 28 U.S.C. Sec.636(b)(1), unless an extension of time for good cause is obtained, and that failure to file timely objections may result in a waiver of the right to appeal questions of fact. See Thompson v. Nix, 897 F.2d 356 (8th Cir. 1990). Signed by Judge Mary Ann L. Medler on 9/7/07. (LAH, )
October 10, 2007
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ORDER - IT IS HEREBY ORDERED that the Report and Recommendation ofUnited States Magistrate Judge Mary Ann L. Medler 47 filed September 7,2007 is SUSTAINED, ADOPTED, and INCORPORATED herein. Upon Review of the Magistrate Judge's Report and Recommendation and Supplemental Report and Recommendation, the evidentiary hearing as well as relevant case law, I concur with Judge Medler's findings and recommendations. IT IS FURTHER ORDERED that defendant Andrew Charles Kain's motion to suppress evidence 15, his motion to suppress statements 16, and his renewed motion to suppress statements 37 are denied. Signed by Judge Rodney W. Sippel on 10/10/07. (LAH, )
December 11, 2007
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SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS as to Andrew Charles Kain re: IT IS HEREBY RECOMMENDED that the defendant's Motion to SuppressEvidence be DENIED. 70 IT IS FURTHER RECOMMENDED that the defendant's Motion to Suppress Statements be DENIED. 69IT IS FURTHER RECOMMENDED that the defendant's Motion to Quash SearchWarrant and Suppress Evidence be DENIED. 68IT IS FURTHER RECOMMENDED that defendants Motion to Dismiss CountII of the Superseding Indictment be DENIED. 67IT IS FURTHER RECOMMENDED that defendants Motion to Sever beDENIED. 66IT IS FURTHER RECOMMENDED that defendants Motion for Bill ofParticulars be DENIED. 65 Objections to R&R due by 12/31/2007. Signed by Mag Judge Mary Ann L. Medler on 12/11/07. (ARL)
January 28, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Andrew Charles Kain for 65 Motion for Bill of Particulars, 67 Motion to Dismiss Indictment/Counts, 69 Motion to Suppress, 68 Motion to Quash, 75 Report and Recommendations,,, 22 Report and Recommendations,, 70 Motion to Suppress, 66 Motion to Sever Defendant are denied. FINALLY ORDERED that the jury trial of this case remains set for 2/4/08 at 9:00 a.m.. Signed by Honorable Rodney W. Sippel on 1/28/08. (LGK)