Opinion
1:22-20244-CR-GAYLES/TORRES
06-13-2023
UNITED STATES OF AMERICA v. FREDERICK LEE ALVIN, Defendant.
ORDER
DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE
THIS CAUSE comes before the Court on Chief Magistrate Judge Edwin G. Torres' Report and Recommendation (the “Report”), [ECF No. 105], regarding Defendant's Renewed Motions to dismiss Counts 3 and 4 of the Government's Superseding Indictment (the “Renewed Motions”), [ECF Nos. 89; 92]. The matter was referred to Chief Magistrate Judge Torres, pursuant to 28 U.S.C. § 636(b)(1)(B), for a report and recommendation on March 20, 2023. [ECF No. 94]. On May 22, 2023, Judge Torres issued his report recommending that Defendant's Renewed Motions be denied. [ECF No. 105]. Defendant filed timely objections to the Report. [ECF No. 106].
A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed.R.Civ.P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F.Supp.2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 Fed.Appx. 781, 784 (11th Cir. 2006). Having conducted a de novo review of the record, the Court agrees with Judge Torres' well-reasoned analysis and conclusion that Defendant's Renewed Motions be denied.
Accordingly, it is ORDERED AND ADJUDGED as follows:
(1) Chief Magistrate Judge Edwin G. Torres' Report and Recommendation, [ECF No. 105], is AFFIRMED AND ADOPTED and incorporated into this Order by reference.
(2) Defendant's Renewed Motion to Dismiss Count 3 of the Superseding Indictment, [ECF No. 89], is DENIED.
(3) Defendant's Renewed Motion to Dismiss Count 4 of the Superseding Indictment, [ECF No. 92], is DENIED.
DONE AND ORDERED