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finding that the defendant was not "in custody" for purposes of Miranda, because he was advised that he could leave the residence at any time, but if he elected to remain in the residence, he would have to "stay seated where the agents asked to him sit"
Summary of this case from United States v. McKanyOpinion
2:08-CR-00012-PMP-GWF.
May 29, 2009
ORDER
Before the Court for consideration are Defendant May's First Motion to Suppress Evidence (Doc. #20) filed May 23, 2008, and Defendant May's Second Motion to Suppress Evidence (Doc. #52) filed November 26, 2008. On May 8, 2009, the Honorable George W. Foley, Jr., United States Magistrate Judge, entered an Order and Findings and Recommendation (Doc. #65) recommending that Defendant May's Motions (Doc.'s #20 and #52) be denied. On May 26, 2009, Defendant Judah May filed his Objection thereto (Doc. #66).
The Court has conducted a de novo review of the record in this case in accordance with 28 U.S.C. § 636(b)(1)(B) and (C) and Local Rule IB 3-2 and determines that Magistrate Judge Foley's Order and Findings and Recommendation (Doc. #65) be Affirmed.
IT IS THEREFORE ORDERED that Defendant May's Objection (Doc. #66) are Overruled and Magistrate Judge Foley's Order and Findings and Recommendation (Doc. #65) are AFFIRMED.
IT IS FURTHER ORDERED that Defendant May's Motions to Suppress Evidence (Doc.'s #20 and #52) are DENIED.