Opinion
Criminal No. 08-167 (DWF/FLN).
August 11, 2008
Michael A. Dees. Assistant United States Attorney, United States Attorney's Office, counsel for Plaintiff.
Manvir K. Atwal, Assistant Federal Defender, Office of the Federal Defender, counsel for Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court upon Defendant William Patrick Flannigan's ("Defendant") objections to Magistrate Judge Franklin L. Noel's Report and Recommendation dated July 23, 2008, recommending that Defendant's Motion to Suppress Evidence Obtained as a Result of Search and Seizure be denied and Defendant's Motion to Suppress Statements, Admissions and Answers be granted.
The Court has conducted a de novo review of the record, including a review of the arguments and submissions of counsel, pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.2(b). The factual background for the above-entitled matter is clearly and precisely set forth in the Report and Recommendation and is incorporated by reference for purposes of Defendant's objections.
Based upon the de novo review of the record and all of the arguments and submissions of the parties and the Court being otherwise duly advised in the premises, the Court hereby enters the following:
ORDER
1. Defendant William Patrick Flannigan's objections (Doc. No. 23) to Magistrate Judge Franklin L. Noel's Report and Recommendation dated July 23, 2008, are DENIED.
2. Magistrate Judge Franklin L. Noel's Report and Recommendation dated July 23, 2008 (Doc. No. 22), is ADOPTED.
3. Defendant William Patrick Flannigan's Motion to Suppress Evidence Obtained as a Result of Search and Seizure (Doc. No. 16) is DENIED.
4. Defendant William Patrick Flannigan's Motion to Suppress Statements, Admissions and Answers (Doc. No. 17) is GRANTED.