Opinion
CASE NO. 08-20916-CR-GRAHAM.
March 2, 2009
ORDER
THIS CAUSE comes before the Court upon Defendants Helio and Katiucia Castroneves' Motion to Dismiss Counts Two, Three and Four of the Indictment [D.E. 99] (the "Motion to Dismiss").
THE MATTER was referred to the Honorable United States Magistrate Judge Edwin G. Torres [D.E. 106]. Defendant Miller joined in and adopted the Motion to Dismiss [D.E. 115]. The Castroneves Defendants withdrew their motion to dismiss [D.E. 216], but the matter remained pending for determination as to Defendant Miller. The Magistrate Judge issued a Report recommending that Defendant Miller's motion be denied [D.E. 241]. The Government and Defendant Miller each filed objections [D.E. 243, 246]. THE COURT has conducted an independent review of the record and is otherwise fully advised in the premises. Accordingly, it is hereby
ORDERED AND ADJUDGED that the Magistrate Judge's Report and Recommendation [D.E. 241] is AFFIRMED, ADOPTED AND RATIFIED in its entirety. It is further
ORDERED AND ADJUDGED that Defendant Miller's Motion to Dismiss [D.E. 115] is DENIED. DONE AND ORDERED in Chambers at Miami, Florida.