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15-556 - USA v. Stewart

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15-556 - USA v. Stewart
June 30, 2016
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REPORT AND RECOMMENDATIONS as to Orlando Stewart: IT IS HEREBY RECOMMENDED that Defendant's request for a hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978) be DENIED. IT IS FURTHER RECOMMENDED that Defendants motion to suppress physical evidence be DENIED. IT IS FURTHER RECOMMENDED that Defendant's motion to suppress statements be GRANTED IN PART AND DENIED IN PART, as outlined in the foregoing Report and Recommendations. The parties are advised that they have fourteen (14) days in which to file written objections to this Report and Recommendation, 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). The trial of this matter has been set for August 15, 2016, at 9:00 a.m., before the Honorable John A. Ross, United States District Judge. Signed by Magistrate Judge John M. Bodenhausen on 6/30/16. (LGK)
August 2, 2016
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MEMORANDUM AND ORDER as to Orlando Stewart : IT IS HEREBY ORDERED that the Report and Recommendation of the United States Magistrate Judge 51 is SUSTAINED, ADOPTED, AND INCORPORATED herein. IT IS FURTHER ORDERED that the Motion to Suppress Statements 26 is GRANTED in part and DENIED in part, and the Motion to Suppress Physical Evidence is DENIED. IT IS FURTHER ORDERED that Defendant's Pro Se Motion for Relief from NumerousPlain Errors 64 is DENIED as moot. Signed by District Judge John A. Ross on 8/2/16. (KKS) (Main Document 69 replaced on 8/23/2016 to correct case caption) (JAB).