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16-398 - USA v. Colon-Rosario


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16-398 - USA v. Colon-Rosario
July 18, 2017
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OPINION AND ORDER re 58 REPORT AND RECOMMENDATION as to Christian Colon-Rosario (1) re 32 MOTION for Setting. The Court hereby ACCEPTS IN PART Magistrate Judge McGiverin's report and recommendation on defendant's motion to suppress. See ECF No. 58. Accordingly, the Court hereby DENIES the motion. See ECF No. 32. Because the affiant provided defendant, at the Franks hearing, with the exact location from which he had surveilled defendant's residence, the Court hereby DISMISSES AS MOOT defendant's motions to order the affiant to turn over that information. See ECF Nos. 26, 30. Finally, the Court hereby NOTES the motions filed by the parties in support of their respective positions on suppression. See ECF Nos. 38, 43, 50, 57. Motion at ECF No. 59 is NOTED. Signed by Chief Judge Aida M. Delgado-Colon on 7/17/2017.(wm)