U.S. v. Herring

Full title: UNITED STATES OF AMERICA v. BENNIE DEAN HERRING

Court: United States District Court, M.D. Alabama, Southern Division

Date published: Oct 24, 2005

CRIMINAL ACTION NO. 1:05cr161-T (WO) (M.D. Ala. Oct. 24, 2005)

Opinion

CRIMINAL ACTION NO. 1:05cr161-T (WO).

October 24, 2005

ORDER

MYRON THOMPSON, District Judge

Upon consideration of the recommendation of the United States Magistrate Judge (Doc. No. 25) as to "physical evidence"; after an independent and de novo review of the entire record, including the transcripts of the hearing before the magistrate; and after conducting a supplemental hearing on the motion, it is the ORDER, JUDGMENT, and DECREE of the court that:

(1) Defendant Bennie Dean Herring's objections (Doc. Nos. 29, 30, 31) are overruled.

(2) The recommendation of the United States Magistrate Judge (Doc. No. 25) is adopted as to "physical evidence," albeit for slightly different reasons.

(3) The defendant Herring's motion to suppress (Doc. No. 16) is denied as to "physical evidence."

An opinion will follow later.