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explaining that “the Second Amendment does not apply to illegal aliens” under Fifth Circuit precedent and that Bruen did not overrule this precedent
Summary of this case from United States v. Figueroa-CamarilloOpinion
SA:22-CR-00367-OLG-ESC
07-28-2023
UNITED STATES OF AMERICA v. (2) JUAN CLAUDIO D'LUNA-MENDEZ
ORDER
ORLANDO L. GARCIA, UNITED STATES DISTRICT JUDGE
This case is before the Court on Defendant's Motion to Dismiss Indictment, (See Dkt. No. 55.) Pursuant to 28 U.S.C. § 636, United States Magistrate Judge Elizabeth S. Chestney issued a report and recommendation (R&R) with respect to Defendant's motion to dismiss. (Dkt. No. 95, July 13, 2023.) Defendant, through counsel, was served with a copy of the R&R, and the time to object has passed. Because Defendant did not file any objections to the Magistrate Judge's recommendation, the Court has reviewed the R&R to determine whether it is clearly erroneous or contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). After such review, the Court finds that Magistrate Judge Chestney's recommendation should be accepted.
Accordingly, it is ORDERED that Magistrate Judge Chestney's R&R (Dkt. No. 95) is ACCEPTED. It is further ORDERED that, for the reasons set forth in the R&R, Defendant's Motion to Dismiss Indictment (Dkt. No. 55) is DENIED.
It is so ORDERED.