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15-252 - USA v. Van Dam et al


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15-252 - USA v. Van Dam et al
December 4, 2015
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ORDER, MEMORANDUM, AND REPORT AND RECOMMENDATION as to Leonard Dale Van Dam IT IS HEREBY RECOMMENDED that Defendant's Amended Motion To Suppress Evidence (Doc. 71) be DENIED. IT IS FURTHER RECOMMENDED that defendant's Petition For Appointment And Furnishment Of An Investigator and Expert Witnesses Pursuant to Title 18 USC § 3006A (Doc. 111) be DENIED. IT IS HEREBY ORDERED that defendant's oral Motion To Withdraw defendant's Motion To Suppress Evidence (Doc. 55) is GRANTED; and Defendant's Motion to Suppress Evidence (Doc. 55) is WITHDRAWN. IT IS FURTHER ORDERED that defendant's Motion To Subpoena Witness For the Suppression Hearing Scheduled for 10-23-2015 (Doc. 80) is DENIED. IT IS FURTHER ORDERED that defendant's Motion For The Production Of The Defendant's Prior Record, Documents And/Or Objects Books, Papers, Tangible Objects and Reports, Within The Gov'ts Possession, Custody Or Control Pursuant To F.R.Cr.P. 16(D),(E)(i)(ii), (F)(i)(ii)(iii) (Doc. 91) is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that defendant's Motion For Notice In A Criminal Case Pursuant To FRE 404(b) To Provide Notice Of The General Nature Of Any Evidence The Govt Intends To Use At Trial (Doc. 92), is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that defendant's Motion For The Production Of Discovery Pursuant To F.R.Cr.P. 16(a)(1)(A) (Doc. 107) is GRANTED IN PART and DENIED IN PART. The parties are advised that they have fourteen (14) days to file written objections to this report and recommendation pursuant to 28 U.S.C. § 636(b)(1), unless an extension of time for good cause is obtained. Failure to timely file objections may result in the waiver of the right to appeal questions of fact. Thompson v. Nix, 897 F.2d 356, 357 (8th Cir. 1990). IT IS FURTHER ORDERED that this cause is set for trial before United States District Judge E. Richard Webber on Tuesday, January 19, 2016 at 8:30 a.m. Signed by Magistrate Judge Noelle C. Collins on 12/4/15. (KXS)
January 6, 2016
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MEMORANDUM AND ORDER as to Leonard Dale Van Dam. (See Full Order.) IT IS HEREBY ORDERED that the Report and Recommendation of United States Magistrate Judge [ECF No. 112] is SUSTAINED, ADOPTED, AND INCORPORATED herein. IT IS FURTHER ORDERED that Defendant Leonard Van Dam's Amended Motion to Suppress [ECF No. 71] is DENIED. IT IS FURTHER ORDERED that Defendant Leonard Van Dam's Petition for Appointment and Furnishment of an Investigator and Expert Witnesses pursuant to Title 18 U.S.C. § 3006A [ECF No. 111] is DENIED. Signed by District Judge E. Richard Webber on 01/06/2016. (CBL)