Opinion
23-CR-6087 CJS/MWP
08-25-2023
UNITED STATES OF AMERICA, Plaintiff, v. KHYREE M. BAKER, Defendant.
DECISION AND ORDER
CHARLES J. SIRAGUSA, UNITED STATES DISTRICT JUDGE
This case was referred by text order of the undersigned, entered April 20, 2023, to Magistrate Judge Marian W. Payson, pursuant to 28 U.S.C. § 636(b)(1)(A)-(B), ECF No. 17. On May 30, 2023,, Defendant filed an omnibus motion, ECF No. 23, seeking inter alia a dismissal of the indictment on the basis that “the offense charged, 18 U.S.C. § 922 (g)(1) is unconstitutional on is face and as applied to him.” ECF No. 23, Defendant's Notice of Motion, p.2. On July 17, 2023, Magistrate Judge Payson filed a Report and Recommendation (“R&R”), ECF No. 29, recommending that Defendant's application to dismiss the indictment be denied. On July 26, 2023, Defendant timely filed objections, ECF No. 31 to Magistrate Judge Payson's R&R. Specifically, Defendant maintained “that Judge Payson did not engage in the historical analysis required by the Supreme Court in N.Y. Rifle & Pistol Ass'n v. Bruen, 142 S.Ct. 2111 (2022) and did not hold the government to its burden.” ECF No. 31 Objections to Report & Recommendation of July 12, 2023, p.1.
As to Defendant's application to dismiss the indictment, this Court must, pursuant to 28 U.S.C. § 636(b)(1), make a de novo determination of those portions of the R&R to which objections have been made. Upon a de novo review of the R&R, the Court accepts the proposed findings and recommendations.
Accordingly, for the reasons set forth in Magistrate Judge Payson's R&R, ECF No. 29, Defendant's application to dismiss the indictment is denied.
IT IS SO ORDERED.