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08-533 - USA v. Smith


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08-533 - USA v. Smith
November 13, 2008
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REPORT AND RECOMMENDATIONS as to Antwain Smith re 28 MOTION to Suppress Evidence and Statements. IT IS HEREBY RECOMMENDED that the motion of defendant Antwain Smith to suppress evidence to suppress evidence (Doc. 28) should be denied. The parties are advised that they have until close of business on November 25, 2008, to file documentary objections to this Report and Recommendation. The failure to file timely documentary objections may result in a waiver of the right to appeal issues of fact. Objections to R&R due by 11/25/2008. Signed by Mag Judge David D. Noce on 11/13/08. (KMS)
December 1, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Antwain Smith: IT IS HEREBY ORDERED that the Report and Recommendation of United States Magistrate Judge is sustained, adopted and incorporated herein. [Doc. 36] IT IS FURTHER ORDERED that defendants Motion to Suppress Evidence and Statements is DENIED. [Doc. 28] IT IS FURTHER ORDERED that the defendants oral motion to suppress and the governments oral motion for determination of admissibility of arguably suppressible evidence are DENIED as moot. [Doc. 15, 17] Re: 17 Oral Motion by Government for Determination by Court of Admissibility of Arguably Suppressible Evidence filed by USA, 15 Oral Motion to Suppress filed by Antwain Smith, 36 Report and Recommendations,, 28 Motion to Suppress filed by Antwain Smith. Signed by Honorable Charles A. Shaw on 12/1/2008. (NCL)