U.S. v. Walker

Full title: UNITED STATES OF AMERICA v. LOVARNSO A. WALKER

Court: United States District Court, M.D. Florida, Jacksonville Division

Date published: Oct 5, 2005

Case No. 3:05-cr-108-J-32MMH (M.D. Fla. Oct. 5, 2005)

Opinion

Case No. 3:05-cr-108-J-32MMH.

October 5, 2005

ORDER

TIMOTHY CORRIGAN, Magistrate Judge

This case is before the Court on Defendant's Amended First Motion to Suppress Results of Illegal Seizure and Search on July 30, 2004 (Doc. 21) and Defendant's Second Motion to Suppress Results of Illegal Seizure and Search on December 16, 2004 (Doc. 22). United States Magistrate Judge Marcia Morales Howard held an evidentiary hearing on Defendant's Amended First Motion to Suppress Results of Illegal Seizure and Search on July 30, 2004 (Doc. 21) and thereafter entered a Report and Recommendation recommending denial of the motion (Doc. 51). Defendant objected (Doc. 52) and the government responded to the objection (Doc. 57).

The Magistrate Judge also conducted an evidentiary hearing on Defendant's Second Motion to Suppress Results of Illegal Seizure and Search on December 16, 2004 (Doc. 22) and issued a Report and Recommendation (Doc. 56) recommending denial of the motion. No objections were filed.

Upon independent and de novo review of both motions, it is hereby

ORDERED:

1. Defendant's Objection (Doc. 52) to the Report and Recommendation (Doc. 51) is OVERRULED. The Report and Recommendation of the United States Magistrate Judge (Doc. 51) is ADOPTED as the opinion of the Court. Defendant's Amended First Motion to Suppress Results of Illegal Seizure and Search on July 30, 2004 (Doc. 21) is DENIED.

2. The United States Magistrate Judge's Report and Recommendation (Doc. 56), to which no objection has been filed, is ADOPTED as the opinion of the Court. Defendant's Second Motion to Suppress Results of Illegal Seizure and Search on December 16, 2004 (Doc. 22) is DENIED.

3. A status conference is scheduled before the undersigned on October 17, 2005 at 4:00 p.m., and jury trial is scheduled during the trial term commencing November 1, 2005 at 9:00 a.m. in the United States Courthouse, Courtroom No. 10B, Tenth Floor, 300 North Hogan Street, Jacksonville, Florida. The trial term begins on the first Monday of the month and continues through the last day of the given month.

DONE AND ORDERED.