U.S. v. Bacote

Full title: UNITED STATES OF AMERICA, Plaintiff, v. (1) DANIEL LEE BACOTE, Defendant

Court: United States District Court, D. Minnesota

Date published: Jun 2, 2006

Criminal File No. 05-234 (MJD/SRN) (D. Minn. Jun. 2, 2006)

Opinion

Criminal File No. 05-234 (MJD/SRN).

June 2, 2006

Andrew S. Dunne, Assistant United States Attorney, Counsel for Plaintiff.

Lee R. Johnson, Johnson Greenberg, PLLP, Counsel for Defendant.

ORDER

MICHAEL DAVIS, District Judge

The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Susan Richard Nelson dated April 3, 2006. Defendant Daniel Lee Bacote filed objections to the Report and Recommendation.

Pursuant to statute, the Court has conducted a de novo review of the record. 28 U.S.C. § 636(b)(1); Local Rule 72.1(c). The Court has paid specific attention to the newly-filed transcript of surveillance tape. (Def's Objections to Magistrate's Report and Recommendation Ex. 1.) Based on that review the Court adopts the Report and Recommendation dated April 3, 2006.

Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED that:

1.The Magistrate Judge's Report and Recommendation dated April 3, 2006 [Docket No. 61] is hereby ADOPTED.

2. Defendant's Motion to Suppress Evidence [Docket No. 40] is GRANTED IN PART and DENIED IN PART as follows:

a. Defendant's Motion is GRANTED as to a statement about possession of a gun permit;

b. Defendant's Motion is DENIED as to all other statements and evidence.