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07-605 - USA v. Brandon


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07-605 - USA v. Brandon
February 21, 2008
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REPORT AND RECOMMENDATIONS as to Gregory Brandon: IT IS HEREBY ORDERED that defendant's Motion To Suppress Physical Evidence Seized Per A Search Warrant (Docket No. 20) is withdrawn. IT IS FURTHER ORDERED that Defendant's Motion For Discovery Per Rule 16 Of The Federal Rules Of Criminal Procedure (Docket No. 17) is denied as moot. IT IS HEREBY RECOMMENDED that Defendant's Motion To Suppress Statements (Docket No. 19) be denied. IT IS FURTHER RECOMMENDED that Defendant's Motion to Dismiss (Docket No. 18) be denied. IT IS FURTHER RECOMMENDED that the Defendant's Motion Of Waiver Of A Speedy Trial (Docket No. 16) be reserved to be ruled by the District Court. The parties are advised that they have to and including March 3, 2008, days in which to file written objections to this Report and Recommendation. Failure to timely file objections may result in waiver of the right to appeal questions of fact. Thompson v. Nix, 897 F.2d 356, 357 (8th Cir. 1990). Re 17 MOTION for Discovery Per Rule 16 of the Federal Rules of Criminal Procedure with Memorandum in Support, 16 MOTION for Speedy Trial DEFENDANT'S MOTION OF WAIVER OF A SPEEDY TRIAL, 18 MOTION to Dismiss Indictment/Counts, 20 MOTION to Suppress Physical Evidence Seized Per a Search Warrant, 19 MOTION to Suppress Statements and Memorandum of Law. Objections to R&R due by 3/3/2008. Signed by Mag Judge Frederick R Buckles on 2/21/2008. (NCL) Modified docket text on 2/22/2008 (NCL).
April 3, 2008
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MEMORANDUM AND ORDER as to Gregory Brandon IT IS HEREBY ORDERED that the Report and Recommendation of the United States Magistrate Judge [# 30] is SUSTAINED, ADOPTED, and INCORPORATED herein. IT IS FURTHER ORDERED that defendants motion to suppress statements [#19] and his motion to dismiss [#18] are denied for the reasons stated in Judge Buckles' Report and Recommendation. IT IS FURTHER ORDERED that defendant's motion to suppress physical evidence [#20] is denied as moot, as defendant has withdrawn it.IT IS FURTHER ORDERED that defendant's motion for discovery [#17]is denied as moot, as defendant has now received all required discovery, including the opportunity for his expert witness to examine the relevant computer. IT IS FURTHER ORDERED that defendant's motion for speedy trialwaiver [#16] is denied as moot, as in the court's previous order granting defendant's request for continuance the court found that the time requested by the continuance is excludable time under the Speedy Trial Act. Signed by Honorable Catherine D. Perry on April 3, 2008. (MCB)