Opinion
2:16-cr-00279-JAD-PAL
10-24-2017
United States of America, Plaintiff v. Joshua Sadat Washington, and Fedel Ezekiel Sakers, Defendants
Order Adopting Report and Recommendation and Denying Motion to Dismiss [ECF Nos. 43, 76]
Defendants Joshua Sadat Washington and Fedel Ezekiel Sakers are charged with (1) interference with interstate commerce by robbery in violation of 18 U.S.C. § 1951; (2) brandishing a firearm in furtherance of a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A)(ii) and § 2; and (3) transportation of stolen goods in violation of 18 U.S.C. § 2314. Washington moved to dismiss count 2, arguing that the predicate Hobbs Act robbery charged in count 1 is not a crime of violence.
ECF No. 29.
ECF No. 43 at 2.
Magistrate Judge Peggy Leen recommends that I deny Washington's motion to dismiss. Her report and recommendation was issued on July 31, 2017, and objections to it were due on September 18, 2017. No objections to the report and recommendation have been filed. "[N]o review is required of a magistrate judge's report and recommendation unless objections are filed." Accordingly, with good cause appearing and no reason to delay, IT IS HEREBY ORDERED that Magistrate Judge Leen's report and recommendation [ECF No. 76] is ACCEPTED and ADOPTED, and Washington's motion to dismiss [ECF No. 43] is DENIED.
ECF No. 76.
Id.
ECF No. 95.
Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyn-Tapia, 328 F.3d 1114, 1121 (9th Cir.2003). --------
DATED: October 24, 2017.
/s/_________
Jennifer A. Dorsey
United States District Judge