Opinion
01-CR-121A
July 29, 2002
ORDER
This case was referred to Magistrate Judge H. Kenneth Schroeder, Jr. pursuant to 28 U.S.C. § 636(b)(1)(A). On August 6, 2001, defendant filed a motion to suppress evidence seized on April 24, 2001, from his apartment at 68 Best Street, Buffalo, New York, and a 19.78 Suburban vehicle parked in the driveway of 68 Best Street. On May 16, 2002, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendant's motion to suppress be denied.
On June 3, 2002, defendant filed objections to the Magistrate Judge's recommendation that his motion to suppress evidence seized from his apartment at 68 Best Street be denied. The government filed a response to the objections on June 28, 2002, and defendant filed a reply thereto. Oral argument on the objections was held on July 11, 2002.
Defendant did not object to the Magistrate Judge's recommendation that his motion to suppress evidence seized from the Suburban vehicle also be denied.
Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions and hearing argument from the parties, the Court adopts the proposed findings of the Report and Recommendation.
Accordingly, for the reasons set forth in Magistrate Judge Schroeder's Report and Recommendation, defendant's motion to suppress evidence seized from his apartment at 68 Best Street, Buffalo, New York and from the 1978 Suburban vehicle parked in the driveway of 68 Best Street on April 24, 2001 is denied in all respects. The parties shall appear before the Court on Wednesday, July 31, 2002 at 9:00 a.m. for a status conference and/or a meeting to set trial date.
IT IS SO ORDERED.