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16-089 - USA v. Davis


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16-089 - USA v. Davis
February 1, 2018
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REPORT AND RECOMMENDATION AND ORDER as to Cortez Davis : IT IS HEREBY RECOMMENDED that Defendant's Motion to Suppress Statements (Doc. 46) be GRANTED, in part, and DENIED, in part. The motion should be granted with respect to Defendant's pre-Miranda statement that the closet in the residence belonged to him; but, should be denied in all other respects. IT IS FURTHER RECOMMENDED that Defendant's Motion to Suppress Physical Evidence (Doc. 48) be DENIED. IT IS HEREBY ORDERED that Defendant's Motion for Disclosure of Confidential Informant (Doc. 54) is DENIED. The parties are advised that they have fourteen (14) days in which to file written objections to this report and recommendation pursuant to 28 U.S.C. ยง636 (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). Trial in this case has been set before the Honorable John A. Ross on April 2, 2018, at 9 a.m. Signed by Magistrate Judge Shirley Padmore Mensah on 2/1/18. (LGK)
February 21, 2018
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Report and Recommendation and Order of the United States Magistrate Judge [60] is SUSTAINED, ADOPTED, AND INCORPORATED herein. IT IS FURTHER ORDERED that the Motion to Suppress Statements [46] is GRANTED in part and DENIED in part. Defendants motion is granted with respect to Defendants pre-Miranda statement that the closet in the residence belonged to him, but denied in all other respects. IT IS FURTHER ORDERED that Defendants Motion to Suppress Physical Evidence [48] DENIED. Signed by District Judge John A. Ross on 2/21/18. (JAB)