Opinion
CRIMINAL NO. 1:17-CR-153-TH
11-20-2019
UNITED STATES OF AMERICA v. ARTURO ELIZONDO, RICARDO AVILES, JOSE RUBIO-VILLEGAS, INES RUBIO-VILLEGAS and ALEXANDER ALONSO-MASCORRO
2, 4, 6, 7 & 8 ORDER ADOPTING PART I OF REPORT AND RECOMMENDATION REGARDING MOTIONS SEEKING LEAVE TO ADOPT CO-DEFENDANT WORRELL'S MOTION TO SUPPRESS
This Court referred motions [Clerk's Docket Nos. 212, 280, 299, 317, 278 & 308] filed by the defendants identified by name and number above seeking to adopt Defendant Worrell's Motion to Suppress Wiretap Evidence [Clerk's Docket No. 172] to the magistrate judge for consideration pursuant to 28 U.S.C. § 636(b)(1)(A)-(C); LOCAL COURT RULE CR-59.
The magistrate judge recommended [Clerk's Docket No. 311] in Part I of the report that this Court grant the co-defendants' motions seeking leave to adopt Mr. Worrell's request to suppress certain wiretap evidence. No objection to this portion of the report and recommendation filed by any party.
IT IS THEREFORE ORDERED that the magistrate judge's recommendation regarding the motions [Clerk's Docket Nos. 212, 280, 299, 317, 278 & 308] seeking leave to adopt Mr. Worrell's motion to suppress wiretap evidence is ADOPTED.
IT IS FURTHER ORDERED that leave for the defendants identified above to adopt Mr. Worrell's motion [Clerk's Docket No. 172] to suppress wiretap evidence is GRANTED.
IT IS FURTHER ORDERED that the wiretap evidence excluded by this Court [Clerk's Docket No. 220] on Mr. Worrell's motion for the failure of the wiretap orders to contain the identity of the high-level Justice Department official who approved the applications is likewise SUPPRESSED with respect to the above identified defendants.
SO ORDERED.
SIGNED this the 20 day of November, 2019.
/s/_________
Thad Heartfield
United States District Judge