USA v. Tyler

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
v. 	) 	No. 4:24-cr-00654-SEP-1
)
DARIUS TYLER, 	)
)
Defendant. 	)
MEMORANDUM AND ORDER
The Court referred this matter to United States Magistrate Judge Shirley P. Mensah for a
report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b). On
October 8, 2025, Judge Mensah filed her Report and Recommendation, Doc. [41],
recommending that Defendant’s Motion to Dismiss the Indictment, Doc. [38], should be denied.
The Court has conducted a de novo review of all filings relevant to Defendant’s motion
and objection to the R&R. See Docs. [38], [40], [42], [44]. As conceded by defense counsel and
explained by Judge Mensah, Defendant’s argument is foreclosed by the Eighth Circuit’s holding
in United States v. Jackson, 110 F.4th 1120 (8th Cir. 2024), rh’g denied, 121 F.4th 656 (8th Cir.
2024), cert. denied, 145 S.Ct. 2708 (2025). The undersigned therefore adopts and sustains Judge
Mensah’s Report and Recommendation in its entirety and denies the Motion to Dismiss
Indictment.
IT IS HEREBY ORDERED that the Report and Recommendation of United States
Magistrate Judge Shirley P. Mensah, Doc. [41], filed October 8, 2025, be and hereby is
SUSTAINED, ADOPTED, and INCORPORATED herein.
IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss Indictment, Doc.
[38], is DENIED.
IT IS FINALLY ORDERED that this case is set for trial on December 8, 2025, at 9:00
a.m. in the courtroom of the undersigned.
Dated this 20th day of November, 2025.
SARAH E. PITLYK
UNITED STATES DISTRICT JUDGE
Case: 4:24-cr-00654-SEP Doc. #: 47 Filed: 11/20/25 Page: 1 of 1 PageID #:
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