U.S. v. Carr

Full title: UNITED STATES OF AMERICA, Plaintiff, v. ERNEST VAN CARR, Defendant

Court: United States District Court, N.D. West Virginia, Martinsburg Division

Date published: Jan 4, 2006

Criminal Action No. 3:05CR7 (N.D.W. Va. Jan. 4, 2006)

Opinion

Criminal Action No. 3:05CR7.

January 4, 2006

ORDER ADOPTING REPORT AND RECOMMENDATION

W. BROADWATER, District Judge

On this day the above styled case came before the Court for consideration of the Report and Recommendation of Magistrate Judge David J. Joel, dated October 27, 2005. Neither party filed any objections to the Report. After reviewing the above, the Court is of the opinion that the Magistrate Judge's Report and Recommendation (Docket # 162) should be and is hereby ORDERED adopted.

The Court further ORDERS

1) that defendant's Motion to Dismiss Count One of the Indictment ( Docket # 109) be DENIED for the reasons set forth in the Report and Recommendation;

2) defendant's Motion for Relief from Prejudicial Joinder (Docket # 110) be DENIED for the reasons set forth in the Report and Recommendation; and

4) Defendant's Motion to Dismiss Count Ten of the Second Superseding Indictment (Docket # 133) be DENIED for the reasons set forth in the Magistrate Judge's Report and Recommendation.

It is SO ORDERED.

The Clerk is directed to transmit true copies of this Order to all counsel of record herein and the Honorable David J. Joel.