Summary
In United States v. Barba, No. 3:08-CR-46, 2008 WL 5377890, at * 3 (E.D. Term. Dec. 18, 2008), the Eastern District of Tennessee cited Rey to mean that "[f]he Sixth Circuit has approved of the provision of the dates that a defendant is alleged to have conspired."
Summary of this case from United States v. AdanOpinion
No. 3:08-CR-46 (Phillips).
December 18, 2008
ORDER
There being no timely objection by defendant, see 28 U.S.C. § 636(b)(1), and the court being in complete agreement with the magistrate judge, the Report and Recommendation (R R) [Doc. 108] filed by the Honorable C. Clifford Shirley, United States Magistrate Judge, on November 28, 2008, is hereby ACCEPTED IN WHOLE whereby defendant's motion to dismiss Counts One and Two of the indictment, or in the alternative to obtain a bill of particulars of the indictment [Doc. 67]; and defendant's motion to dismiss Count One as duplicitous [Doc. 72] are DENIED.