U.S. v. Smith

Full title: UNITED STATES OF AMERICA, v. WARREN T. SMITH, JR., Defendant

Court: United States District Court, W.D. New York

Date published: Nov 16, 2007

06-CR-271 (W.D.N.Y. Nov. 16, 2007)

Opinion

06-CR-271.

November 16, 2007

ORDER

RICHARD ARCARA, District Judge

The above-referenced case was referred to Magistrate Judge h. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(A). On October 29, 2007, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendant's motion to suppress the weapons and marijuana found on his person be granted and that defendant's statements with respect to this evidence be suppressed as fruit of the poisonous tree.

The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties. No objections having been timely filed, it is hereby

ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Schroeder's Report and Recommendation, defendant's motion to suppress the weapons and marijuana found on his person is granted and defendant's statements with respect to this evidence is suppressed as fruit of the poisonous tree.

The parties shall appear at 9:00 a.m. on Monday, November 19, 2007 for a meeting to set a trial date.

SO ORDERED.