Opinion
1:22-cr-20215-GAYLES/TORRES
10-20-2022
UNITED STATES OF AMERICA, Plaintiff, v. MARTIN ANTHONY TRENCH and BENJAMIN MARTE SANDOVAL, Defendants.
ORDER
DARRIN P. GAYLES, UNITED STATES DISTRICT JUDGE
THIS CAUSE comes before the Court on Chief Magistrate Edwin G. Torres' Report and Recommendation (the “Report”), [ECF No. 23], regarding Defendant Martin Anthony Trench's (“Defendant Trench”) Motion to Dismiss Indictment, [ECF No. 17], and Defendant Benjamin Marte Sandoval's (“Defendant Sandoval”) Motion to Adopt and Supplement Co-Defendant's Motion to Dismiss, [ECF No. 19], (collectively the “Motions”). On August 17, 2022, the action was referred to Judge Torres, pursuant to 28 U.S.C. § 636(b)(1)(B), for a ruling on Defendant Trench's motion. [ECF No. 18]. On October 17, 2022, Judge Torres issued his report recommending that Defendants' Motions be denied. [ECF No. 23]. No objections were filed by either party. For the reasons that follow, the Court affirms and adopts the Report.
Defendant Sandoval effectively joined, adopted, and supplemented Defendant Trench's initial motion on August 18, 2022. [ECF No. 19].
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 reviewed the Report for clear error, the Court agrees with Judge Torres' well-reasoned analysis and conclusion that Defendants' Motions should denied.
Accordingly, it is ORDERED AND ADJUDGED as follows:
(1) Chief Magistrate Judge Torres' Report and Recommendation, [ECF No. 23], is AFFIRMED AND ADOPTED and incorporated into this Order by reference.
(2) Defendant Trench's Motion to Dismiss Indictment, [ECF No. 17], is DENIED.
(3) Defendant Sandoval's Motion to Adopt and Supplement Co-Defendant's Motion to Dismiss, [ECF No. 19], is DENIED.
DONE AND ORDERED.