U.S. v. Roman

Full title: UNITED STATES OF AMERICA, Plaintiff, v. JOHN ROMAN, Defendant

Court: United States District Court, D. Utah, Central Division

Date published: Aug 5, 2005

Case No. 2:04-CR-544 TS (D. Utah Aug. 5, 2005)

Opinion

Case No. 2:04-CR-544 TS.

August 5, 2005

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION RE: 11/18/04 SEARCH [DOCKET NO. 83]AND GRANTING MOTION TO SUPPRESS [DOCKET NO. 55]

BRIAN TED STEWART, District Judge

This matter is before the court on Defendant's Objection to the Magistrate Judge's Report Recommendation Re: 11/18/04 Search. The Report and Recommendation was filed on June 15, 2005. The Magistrate Judge recommends granting the Motion to Suppress. There was no objection filed.

If there is no objection to a Report and Recommendation, the court applies the "clearly erroneous" standard. 28 U.S.C. § 636(b)(1). The clearly erroneous standard requires that the reviewing court affirm unless it "on the entire evidence is left with the definite and firm conviction that a mistake has been committed." Ocelot Oil Corp. v. Sparrow Industries, 847 F.2d 1458, 1464 (10^th Cir. 1988) (quoting United States v. United States Gypsum Co., 333 U.S. 364, 395 (1948)).

Having reviewed the Report Recommendation Re: 11/18/04 Search, the court finds it be thorough and detailed. The Magistrate Judge's findings of fact are fully supported by the record, including the transcript of the evidentiary hearing held on March 22, 2005. Having reviewed the Magistrate Judge's analysis and conclusions, the court finds no error. Accordingly, it is therefore

ORDERED that the Magistrate Judge's June 15, 2005 Report and Recommendation Re: 11/18/04 Search [Docket No. 83] is ADOPTED IN FULL. It is further

ORDERED that Defendant's Motion to Suppress Evidence [Docket No. 55] discovered pursuant to a search on November 18, 2004, is GRANTED.