Opinion
Criminal No. 10-283(1) (DWF/AJB).
December 30, 2010
Andrew R. Winter, Esq., Assistant United States Attorney, United States Attorney's Office, counsel for Plaintiff.
Manvir K. Atwal, Assistant Federal Defender, Office of the Federal Defender, counsel for Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court upon Defendant Jeff Parker's ("Defendant") objections to Chief Magistrate Judge Arthur J. Boylan's Report and Recommendation dated December 10, 2010, insofar as it recommends that: (1) Defendant's Motion to Suppress Evidence Obtained as a Result of Search and Seizure be denied; and (2) Defendant's Motion to Suppress Statements, Admissions and Answers be denied. Specifically, the Defendant objects to the finding that the firearm should not be suppressed.
The Court has conducted a de novo review of the record, including a review of the arguments and submissions of counsel, pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.2(b). The factual background for the above-entitled matter is clearly and precisely set forth in the Report and Recommendation and is incorporated by reference for purposes of Defendant's objections.
Based upon the de novo review of the record and all of the arguments and submissions of the parties and the Court being otherwise duly advised in the premises, the Court hereby enters the following:
ORDER
1. Defendant Jeff Parker's objections (Doc. No. [27]) to Chief Magistrate Judge Arthur J. Boylan's Report and Recommendation dated December 10, 2010, are DENIED.
2. Chief Magistrate Judge Arthur J. Boylan's Report and Recommendation dated December 10, 2010 (Doc. No. [26]), is ADOPTED.
3. Defendant Jeff Parker 's Motion to Suppress Evidence Obtained as a Result of Search and Seizure is DENIED (Doc. No. [15]).
4. Defendant Jeff Parker's Motion to Suppress Statements, Admissions and Answers is DENIED (Doc. No. [16]).
Dated: December 30, 2010