Opinion
10-CR-6182CJS
01-06-2012
UNITED STATES OF AMERICA, Plaintiff, v. TERRY M. DICKINSON Defendant.
DECISION and ORDER
This case was referred by order of the undersigned, dated September 10, 2010 (Docket # 7), to Magistrate Judge Marian W. Payson, pursuant to 28 U.S.C. § 636(b)(1)(A)-(B). Defendant, Terry M. Dickinson , is charged in a five-count indictment with distribution and possession of child pornography, in violation of 18 U.S.C. §§ 2252A(a)(2)A and (a)(5)(B). (Docket # 15). On May 31, 2011, Defendant filed an omnibus pretrial motion (Docket # 23) seeking, inter alia, suppression of a handwritten journal seized by federal agents on August 18, 2010 during the execution of a search warrant at his residence. On October 31, 2011, Magistrate Judge Payson filed a Report and Recommendation ("R & R") (Docket # 33) recommending that the Court deny defendant's application. On November 30, 2011 Defendant timely filed objections to the R & R (Docket # 35). On December 2, 2011, the Government responded to Defendant's objections to the R & R (Docket # 36), and by letter dated December 5, 2011, Defendant replied to the Government's submission.
Pursuant to 28 U.S.C. § 636(b)(1), this Court must 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, and after considering the Defendant's objections, the Court accepts the proposed findings and recommendation.
Accordingly, for the reasons set forth in Magistrate Judge Payson's R & R (# 33), Defendant's motion (# 23) to suppress the handwritten journal seized from his residence on August 18, 2010, during the execution of the search warrant is denied.
IT IS SO ORDERED. Dated: January 6, 2012
Rochester, New York
ENTER:
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CHARLES J. SIRAGUSA
United States District Judge