Opinion
CR 10-CR-1350-TUC-JMR.
January 10, 2011
ORDER
In this case, Magistrate Judge Estrada filed a Report and Recommendation (R R) on December 8, 2010, recommending dismissal of the indictment against the Defendant (Doc. 31). After a thorough review of the record, the Magistrate Judge's R R, and a hearing, Magistrate Judge Estrada's R R is adopted because the underlying burglary was not an aggravated felony and Defendant should not have been placed in expedited removal proceedings.
Accordingly, IT IS ORDERED:
Magistrate Judge Estrada's Report and Recommendation (Doc. 31) is adopted. The indictment is dismissed. The Clerk is directed to close the case.
DATED this 7th day of January, 2011.