October 20, 2014
UNITED STATES OF AMERICA,
RICHARD MAGEE, Defendant
Defendant RICHARD MAGEE represented by GAIL M. LATOUF
Plaintiff USA represented by DANIEL J. PERRY, DONALD E. CLARK
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
George Z. Singal U.S. District Judge
The United States Magistrate Judge filed with the Court on September 8, 2014, his Recommended Decision (ECF No. 220). Defendant filed his Objection to the Recommended Decision (ECF No. 223) on September 25, 2014. The Government filed its Response to Defendant’s Objection to the Recommended Decision (ECF No. 227) on October 14, 2014.
I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in his Recommended Decision, and determine that no further proceeding is necessary.
1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED.
2. It is hereby ORDERED that Defendant’s Motion to Suppress (ECF No. 122) is GRANTED with respect to the search of the Defendant’s automobile and person on October 4, 2013 and otherwise DENIED.
3. It is hereby ORDERED that Defendant’s Supplemental Motions to Suppress (ECF Nos. 150 and 151) are hereby DENIED.
4. It is hereby ORDERED that Defendant’s Motion to Sever (ECF No. 124) and Defendant’s Motion for a Bill of Particulars (ECF No. 128) are DENIED.
5. It is hereby ORDERED that Defendant’s Motion to Exclude (ECF No. 127) is DENIED in part insofar as it seeks the exclusion of the Lamontagne testimony and the Motion is MOOT in part insofar as it seeks a hearing and an order for a turnover of documents.