No. 4:18 CR 565 CDP-1
MEMORANDUM AND ORDER
This matter is before the Court on defendant Demetrius Tyrese Johnson's motions to dismiss Counts 3 and 16 of the superseding indictment. All pretrial motions in this case were referred to United States Magistrate Judge John M. Bodenhausen, under 28 U.S.C. § 636(b). Judge Bodenhausen issued a Memorandum, Order and Recommendation, which recommended that the motions be denied. Defendant then filed objections.
I have conducted a de novo review of all materials relevant to these motions, including the original motions and briefs, and the objections filed by defendant. I will adopt and sustain the reasoning of Magistrate Judge Bodenhausen set forth in support of his recommended rulings, and I will deny the motions. The motions raise purely legal issues. Judge Bodenhausen correctly analyzed the legal arguments and correctly applied the governing law. To the extent defendant argues that I should reject the binding precedent of the United States Court of Appeals for the Eighth Circuit, I decline. Given Judge Bodenhausen's thorough and correct analysis of the issues, I need not recite the law again.
IT IS HEREBY ORDERED that the Memorandum, Order and Recommendations of the United States Magistrate Judge  is SUSTAINED, ADOPTED, and INCORPORATED herein.
IT IS FURTHER ORDERED that defendant's motions to dismiss Count 3 and Count 16 of the superseding indictment [327, 328] are denied.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE Dated this 12th day of June, 2019.