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United States v. Herrera

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION
Apr 9, 2013
CASE NO. 4:12CR232(2) (E.D. Tex. Apr. 9, 2013)

Opinion

CASE NO. 4:12CR232(2)

04-09-2013

UNITED STATES OF AMERICA v. OSWALDA TIBURCIA HERRERA


MEMORANDUM ADOPTING REPORT AND

RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636. On April 5, 2013, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Defendant's Motion to Suppress Statements (Dkt. 69) be GRANTED and that the Government be precluded from using Defendant's post-arrest statement in its case-in-chief.

Both parties having agreed to waive their right to object to the findings of the Magistrate Judge, the court is of the opinion that the findings and conclusions of the Magistrate Judge are correct. Therefore, the court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of this court.

It is, therefore, ORDERED that Defendant's Motion to Suppress Statements (Dkt. 69) is GRANTED and the Government is precluded from using Defendant's post-arrest statement in its case-in-chief.

IT IS SO ORDERED.

_______________

RICHARD A. SCHELL

UNITED STATES DISTRICT JUDGE


Summaries of

United States v. Herrera

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION
Apr 9, 2013
CASE NO. 4:12CR232(2) (E.D. Tex. Apr. 9, 2013)
Case details for

United States v. Herrera

Case Details

Full title:UNITED STATES OF AMERICA v. OSWALDA TIBURCIA HERRERA

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

Date published: Apr 9, 2013

Citations

CASE NO. 4:12CR232(2) (E.D. Tex. Apr. 9, 2013)