Opinion
CRIMINAL 23-156 (SRN/TNL)
04-01-2024
United States of America, Plaintiff, v. Desean James Solomon 01, and Michael Allen Burrell 04, Defendants
Thomas Calhoun-Lopez, Esther Mignanelli, and David Green, United States Attorney's for the United States Thomas C. Plunkett, Attorney at Law, for Defendant Desean James Solomon Steven E. Wolter, Kelley, Wolter & Scott, P.A. for Defendant Michael Allen Burrell
Thomas Calhoun-Lopez, Esther Mignanelli, and David Green, United States Attorney's for the United States
Thomas C. Plunkett, Attorney at Law, for Defendant Desean James Solomon
Steven E. Wolter, Kelley, Wolter & Scott, P.A. for Defendant Michael Allen Burrell
ORDER
Susan Richard Nelson United States District Judge
This matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge Tony N. Leung dated February 2, 2024 [Doc. No. 212]. No objections have been filed in the time period permitted. Having reviewed the R&R, as well as all the files, records, and proceedings herein, the Court finds no clear error in the R&R. See Fed.R.Civ.P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam) (noting that where no objections have been filed, district court's review of R&R is for clear error).
While co-defendant Alvin Calvin Noble (05) has filed an Objection [Doc. No. 215] to Magistrate Judge Leung's February 2, 2024 Order [Doc. No. 213], none of the defendants have objected to the R&R. The Court will rule on Mr. Noble's Objection to the February 2, 2024 Order in a separate order.
Accordingly, IT IS HEREBY ORDERED that:
1. The Report and Recommendation [Doc. No. 212] is ADOPTED.
2. Defendant Solomon's Motion to Dismiss Count 2 of the Indictment for Duplicity or Alternative Relief [Doc. No. 112] is DENIED.
3. Defendant Solomon's Motion to Dismiss Count 3 of the Indictment for Duplicity or Alternative Relief [Doc. No. 156] is DENIED.
As noted in the R&R, Mr. Solomon advised that the title of this motion contained an inadvertent typographical error, referring to Count 2, rather than Count 3. The Court refers to the correct count.
4. Defendant Burrell's Motion to Dismiss Count 2 for Duplicity, or in the Alternative, to Require the Government to Elect a Single Charge [Doc. No. 104] is DENIED.