Opinion
23-CR-0108 (PJS/JFD)
01-02-2024
UNITED STATES OF AMERICA, Plaintiff, v. KEVIN DEANDRE BENNETT, Defendant.
Lindsey E. Middlecamp, UNITED STATES ATTORNEY'S OFFICE, for plaintiff. James S. Becker, FEDERAL DEFENDER'S OFFICE, for defendant.
Lindsey E. Middlecamp, UNITED STATES ATTORNEY'S OFFICE, for plaintiff.
James S. Becker, FEDERAL DEFENDER'S OFFICE, for defendant.
ORDER
Patrick J. Schiltz, Chief Judge
Defendant Kevin Bennett is charged with firearm and drug-trafficking offenses. This matter is before the Court on Bennett's objection to the November 7, 2023, Report and Recommendation (“R&R”) of Magistrate Judge John F. Docherty. Judge Docherty denied Bennett's motion for a hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978), and recommends denying Bennett's motions to dismiss and suppress evidence.
The Court has conducted a de novo review. See 28 U.S.C. § 636(b)(1); Fed. R. Crim. P. 59(b)(3). Based on that review, the Court overrules Bennett's objection and adopts the R&R.
ORDER
Based on the foregoing, and on all of the files, records, and proceedings herein, the Court OVERRULES defendant's objection [ECF No. 72] and ADOPTS the R&R [ECF No. 67]. IT IS HEREBY ORDERED THAT:
1. Defendant's motion to dismiss [ECF No. 39] is DENIED.
2. Defendant's motion to suppress [ECF No. 52] is DENIED.
3. The denial of defendant's motion for a Franks hearing is AFFIRMED.