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recognizing the appropriate remedy for a Rule 5 violation is suppression of the evidence, not dismissal of the indictment
Summary of this case from United States v. SantanaOpinion
1:22-cr-20014-GAYLES/TORRES
07-22-2022
UNITED STATES OF AMERICA, Plaintiff, v. YESID DEGOBERTO EPIEYU EPIEYU, IVAN ESCOBOSA DIAZ, and MANUEL MELO, Defendants.
ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE
DAKRIN P. GAYLESS UNITED STATES DISTRICT JUDGE
THIS CAUSE comes before the Court upon Chief Magistrate Judge Edwin G. Torres' Report and Recommendation (the “Report”) [ECF No. 52]. On May 6, 2022, Defendant Manuel Melo filed a Motion to Dismiss Indictment [ECF No. 23], which was adopted and joined by Defendant Ivan Escobosa Diaz [ECF No. 27]. On May 23, 2022, Defendant Yesid Degoberto Epieyu Epieyu filed a second Motion to Dismiss Indictment [ECF No. 31], which was also adopted and joined by Diaz and Melo [ECF Nos. 32, 33]. The matter was referred to Judge Torres, pursuant to 28 U.S.C. § 636(b)(1)(B), for a Report and Recommendation. [ECF Nos. 25, 34]. On July 5, 2022, Judge Torres issued his Report recommending that the Motions be denied. Defendants timely filed objections to the Report and adopt one another's objections. [ECF Nos. 56-60].
In his motions, this defendant identifies himself as “Juan Escobosa Diaz”.
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 Defendants' Motions to Dismiss should be denied.
Accordingly, it is ORDERED AND ADJUDGED as follows:
(1) Chief Magistrate Judge Edwin G. Torres' Report and Recommendation, [ECF No. 52], is AFFIRMED AND ADOPTED and incorporated into this Order by reference.
(2) Defendants' Motions to Dismiss Indictment, [ECF Nos. 23, 31], are DENIED. DONE AND ORDERED in Chambers at Miami, Florida, this 22nd day of July, 2022.