Opinion
1:98CR202-1, 1:98CR202-3
January 24, 2002
O-R-D-E-R
On November 1, 2001, in accordance with 28 U.S.C. § 636 (b), the Recommendation of the United States Magistrate Judge was filed and notice was served on the parties in this action and a copy was given to the court.
Within the time limitation set forth in the statute. Defendants objected to the Recommendation.
The court has appropriately reviewed the portions of the Magistrate Judge's report to which objection was made and has made a de novo determination which is in accord with the Magistrate Judge's report. The court therefore adopts the Magistrate Judge's recommendation.
IT IS THEREFORE ORDERED that Defendants' motion for new trial or for dismissal of their adictment (Pleading no. 129) be DENIED and that this action be dismissed with prejudice. A judgment dismissing this action will be entered contemporaneously with this Order.
IT IS FURTHER ORDERED that Defendants' motion for disclosure of grand jury transcripts (Pleading no. 149) is DENIED on grounds that Defendants have raised no colorable claim of prosecutorial misconduct.