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U.S. v. Horton

United States District Court, D. Nebraska
Jun 30, 2009
4:08CR3005 (D. Neb. Jun. 30, 2009)

Summary

finding no initiation where "[m]ere seconds passed between" assertion of right to counsel "and the officer's explanation of why the defendant should" waive his rights

Summary of this case from United States v. Shoulders

Opinion

4:08CR3005.

June 30, 2009


MEMORANDUM AND ORDER


This matter is before the court on the Magistrate Judge's Recommendation (filing 49) that Defendant's motion to suppress (filing 26) be granted and the objections to the Recommendation (filing 52), filed as allowed by 28 U.S.C. § 636(b)(1)(C).

I have conducted, pursuant to 28 U.S.C. § 636(b)(1), a de novo review of the portions of the Report, Recommendation, and Order to which objections have been made. Inasmuch as Judge Piester has fully, carefully, and correctly applied the law to the facts, I need only state that the Recommendation should be adopted, Plaintiff's objections to the Recommendation should be denied, and Defendant's motion to suppress should be granted.

IT IS ORDERED:

1. The Magistrate Judge's Recommendation (filing 49) is adopted;
2. Plaintiff's objections to the Recommendation (filing 52) are denied; and
3. Defendant's motion to suppress (filing 26) is granted.


Summaries of

U.S. v. Horton

United States District Court, D. Nebraska
Jun 30, 2009
4:08CR3005 (D. Neb. Jun. 30, 2009)

finding no initiation where "[m]ere seconds passed between" assertion of right to counsel "and the officer's explanation of why the defendant should" waive his rights

Summary of this case from United States v. Shoulders
Case details for

U.S. v. Horton

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. JEREMY HORTON, Defendant

Court:United States District Court, D. Nebraska

Date published: Jun 30, 2009

Citations

4:08CR3005 (D. Neb. Jun. 30, 2009)

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