Summary
adopting the recommended decision of the magistrate judge reported at 2002 WL 31989385 (D.Me. Feb.10, 2002)
Summary of this case from U.S. v. ParadisOpinion
Criminal No. 02-78-P-C.
April 25, 2003
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge having filed with the Court on February 10, 2003, with copies to counsel, his Recommended Decision on Motions to Suppress (Docket Item No. 26); and the Government having filed its objection thereto on March 7, 2003, (Docket Item No. 28), to which objection Defendant filed his response on March 13, 2003 (Docket Item No. 30); and this Court having reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; and this Court having made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision, and concurring with the recommendations of the United States Magistrate Judge for the reasons set forth in his Recommended Decision, it is ORDERED as follows:
(1) The Government's objection is hereby DENIED;
(2) The Recommended Decision of the Magistrate Judge is hereby AFFIRMED;
(3) Defendant's motion to suppress the search warrant (Docket Item No. 10) is hereby DENIED.
(4) Defendant's motions to suppress the gun, ammunition, and statements made on July 3, 2002 (Docket Item Nos. 11, 12, and 21) are hereby GRANTED.