Opinion
Case No. 2:16-cr-0080-APG-NJK
03-21-2018
UNITED STATES OF AMERICA, Plaintiff, v. JOHN PATRICK FLAHERTY, III, Defendant.
ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ON MOTION TO DISMISS
(ECF Nos. 33, 41)
On December 8, 2017, defendant John Patrick Flaherty filed a motion to dismiss the indictment as unconstitutionally vague. ECF No. 33. On February 2, 2018, Magistrate Judge Koppe entered her Report & Recommendation recommending that the motion be denied. ECF No. 41. Flaherty filed an objection (ECF No. 42) and the Government filed a response (ECF No. 43). I have conducted a de novo review of the issues set forth in the Report & Recommendation as required under Local Rule IB 3-2. Judge Koppe's Report & Recommendation sets forth the proper legal analysis and factual basis for the decision.
IT IS THEREFORE ORDERED that Magistrate Judge Koppe's Report & Recommendation (ECF No. 41) is accepted in its entirety. Defendant Flaherty's motion to dismiss (ECF No. 33) is denied.
Dated: March 21, 2018.
/s/_________
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE