Opinion
Case No. 09-14030-CR-GRAHAM/LYNCH.
February 4, 2010
ORDER
THIS CAUSE comes before the Court upon the Government's Request for Restitution [D.E. 33].
THE MATTER was referred to the Honorable United States Magistrate Judge Frank J. Lynch. After an evidentiary hearing, the Magistrate Judge issued a Report recommending that the Government's request for restitution be denied [D.E. 57]. The Government has filed timely objections to the Report [D.E. 66].
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. 57] is AFFIRMED, ADOPTED AND RATIFIED in PART. The Court adopts the Report and Recommendation except paragraph 41, wherein it states that "Mr. March estimated that in total thus far nationwide there has been received approximately $107,000." The Government points out and the Court has confirmed that Mr. Marsh actually estimated that there has been received approximately $170,000. It is further
ORDERED AND ADJUDGED that the Government's Request for Restitution [D.E. 33] is DENIED. DONE AND ORDERED in Chambers at Miami, Florida.