USA v. Mitchell

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) Case No. 6:25-cr-03045-MBB
)
GARY MITCHELL, JR., )
)
Defendant. )
ORDER
Before the Court is Magistrate Judge David P. Rush’s Report and Recommendation (Doc.
52) concerning Defendant Gary Mitchell, Jr.’s motion to suppress evidence (Doc. 18).
On April 2, 2025, a grand jury indicted Defendant on two counts of possession of a
Schedule II controlled substance with intent to distribute. (Doc. 1). Defendant moves to suppress
evidence and testimony obtained from a search of his person and his vehicle. (Doc. 18). On
October 29, 2025, Judge Rush held a hearing on Defendant’s motion. (Doc. 38). Judge Rush held
a second hearing on December 2, 2025. (Doc. 46). On February 4, 2026, Judge Rush issued his
Report and Recommendation. (Doc. 52). Defendant filed objections to the Report and
Recommendation on March 25, 2026. (Doc. 58).
“The district judge must consider de novo any objection to the magistrate judge’s
recommendation. The district judge may accept, reject, or modify the recommendation, receive
further evidence, or resubmit the matter to the magistrate judge with instructions.” FED. R. CRIM.
P. 59(b)(3). After an independent, de novo review of Defendant’s objections, the applicable law,
and the parties’ arguments, pursuant to 28 U.S.C. § 636(b)(1), the Court accepts the findings and
recommendation made by Judge Rush in full.
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Accordingly, it is ORDERED that Defendant’s objections (Doc. 58) are OVERRULED.
It is further ORDERED that the Report and Recommendation of Magistrate Judge David
P. Rush (Doc. 52) is ADOPTED in full and attached to and made part of this Order.
It is further ORDERED that Defendant’s motion to suppress evidence (Doc. 18) is
DENIED for the reasons set forth in the Report and Recommendation.
IT IS SO ORDERED.
/s/ Megan Blair Benton
MEGAN BLAIR BENTON
UNITED STATES DISTRICT JUDGE
Dated: April 3, 2026
Case 6:25-cr-03045-MBB Document 59 Filed 04/03/26 Page 2 of 2