Opinion
CR-18-01695-018-TUC-JAS (EJM)
03-31-2022
ORDER
HONORABLE JAMES A. SOTO, UNITED STATES DISTRICT JUDGE
Pending before the Court is a Report and Recommendation issued by United States Magistrate Judge Markovich that recommends denying defendant Dezirae Alexandria Monteen's Motion to Dismiss Count One (the RICO conspiracy) of the Second Superseding Indictment, or in the alternative, dismiss Count 24 (Conspiracy to Distribute Cocaine) and Count 33 (Conspiracy to Distribute Marijuana) of the Second Superseding Indictment on the grounds of multiplicity (Doc. 1048). A review of the record reflects that the parties have not filed any objections to the Report and Recommendation and the time to file objections has expired. As such, the Court will not consider any objections or new evidence.
The Court has reviewed the record and concludes that Magistrate Judge Markovich's recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72; Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14 F.Supp.2d 1203, 1204 (D. Or. 1998).
Accordingly, IT IS HEREBY ORDERED as follows:
(1) Magistrate Judge Markovich's Report and Recommendation (Doc. 1228) is accepted and adopted.
(2) Defendant's Motion to Dismiss Counts 1, 24 and 33 On Grounds Of Multiplicity (Doc. 1048) is DENIED.