Opinion
CRIMINAL 1:17-CR-430-TWT-JSA
07-28-2020
UNITED STATES OF AMERICA, v. THOMAS UKOSHOVBERA A. GBENEDIO
REPORT AND RECOMMENDATION
JUSTIN S. ANAND UNITED STATES MAGISTRATE JUDGE
In response to the Superseding Indictment [173], the Defendant filed a new Motion to Dismiss Counts [181] and Motion to Adopt Previously Filed Motions [182]. At the pretrial conference on July 20, 2020, Defendant's counsel confirmed that these filings represent no substantively-new motions separate and apart from and additional to Defendant's prior motions in this case, including his prior motions to dismiss. See, e.g., [141]. Rather, as counsel confirmed, these filings are intended solely to preserve the Defendant's rights vis-a-vis these already-litigated matters that continue to apply to the superseding indictment.
Thus, the Court RECOMMENDS that that the Motion to Dismiss [181] be DENIED for the same reasons as articulated in the Court's prior Report and Recommendation [155] relating to Defendant's prior Motion to Dismiss [141], except that the Court does not reach the unnecessary question of whether the new Motion has been rendered timely by the Government's decision to supersede. Because the untimeliness of Defendant's prior Motions to Dismiss was not the sole basis to deny those motions, it is unnecessary to reach this question, and so the Court simply adopts the portion of its prior Report and Recommendation [155] that recommends denial of Defendant's dismissal arguments on the merits.
This matter is recertified as READY FOR TRIAL.
IT IS SO RECOMMENDED