Opinion
Case No. 04-20404-CR-KING.
April 27, 2005
Ben Greenberg, Esq., Assistant United States Attorneys, Miami, Florida, Counsel for Government.
Howard Srebnick, Esq., Black Srebnick Kornspan, P.A., Scott Srebnick, Esq., Daniel Small, Esq., Duane Morris, LLP, Miami, Florida, Counsel for Defendants.
ORDER AFFIRMING REPORT AND RECOMMENDATION
THIS CAUSE comes before the Court upon the April 22, 2005 Report and Recommendation ("RR") of Magistrate Judge John J. O'Sullivan recommending that Defendant Eduardo Masferrer's Motion to Dismiss Counts 2-27 32-42 of the Superseding Indictment be Denied. On April 25, 2005, Defendant Eduardo Masferrer filed his Objections.
Section 636(b)(1) of the Federal Magistrate Act requires this Court to make a de novo determination of those parts of the Magistrate Judge's RR to which objection is made. 28 U.S.C. § 636(b)(1); United States v. Raddatz, 447 U.S. 667, 673 (1980);Jeffrey S. v. State Bd. of Educ., 896 F.2d 507, 512-13 (11th Cir. 1990).
This Court concludes that the RR contains thorough and well-reasoned recommendations. Accordingly, after a careful review of the record, and the Court being otherwise fully advised, it is ORDERED and ADJUDGED that Magistrate Judge John J. O'Sullivan's April 25, 2005 RR (DE #230) be, and the same is hereby, AFFIRMED and ADOPTED. It is further ORDERED and ADJUDGED that Defendant Eduardo Masferrer's Motion to Dismiss Counts 2-27 32-42 of the Superseding Indictment (DE # 197) be, and the same is hereby, DENIED.
DONE and ORDERED in chambers at the James Lawrence King Federal Justice Building and United States Courthouse, Miami, Florida, this 27th day of April, 2005.