Opinion
No. 2:05-CR-75.
June 1, 2006
ORDER
This criminal matter is before the Court to consider the Report and Recommendation of the United States Magistrate Judge dated May 23, 2006, [Doc. 347], and the Report and Recommendation/and Order of the United States Magistrate Judge dated May 23, 2006, [Doc. 348], both of which address separate motions to dismiss the superseding indictment filed by the defendant on the basis of alleged Constitutional and procedural insufficiencies. [Docs. 314 and 315]. The defendant has filed objections and an appeal. [Doc. 360].
After careful consideration of the Reports and Recommendations of the United States Magistrate Judge, [Docs. 347 and 348], and the objections of the defendant, it is hereby ORDERED that the Reports and Recommendations are ADOPTED and APPROVED, and that the defendant's motions to dismiss are DENIED. [Doc. 316 and 317].
The appeal of the defendant in regard to the order denying the defendant's motion to compel discovery of the grand jury transcripts, or for in camera review of those transcripts, is DENIED, [Doc. 360], because the Court FINDS that the Magistrate Judge's order is not clearly erroneous, an abuse of discretion, or contrary to law. Accordingly, it is hereby ORDERED that the Magistrate Judge's order is ADOPTED and AFFIRMED. [Doc. 348].