USA v. Busch et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
ORDER
v. 09-CR-331-A
DOMENICO ANASTASIO,
Defendant.
This case was referred to Magistrate Judge Hugh B. Scott pursuant to 28 U.S.C.
§ 636(b)(1)(B) for pretrial proceedings. Magistrate Judge Scott filed a Report and
Recommendation, Dkt. No. 993, recommending denial of motions filed by defendant
Domencio Anastasio, Dkt. No. 548, for various pretrial relief. Defendant Anastasio filed
objections to the Magistrate Judge’s recommendation, Dkt. No. 1032, not to dismiss
Count 1 of the Fourth Superseding Indictment, and the Court heard oral argument on
the objections, as well as on the same objections raised by other defendants.
The Court has carefully reviewed the Report and Recommendation, the record in
this case, the pleadings and arguments of the parties, and it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), after de novo review, and for
the reasons set forth in Magistrate Judge Scott’s Report and Recommendation, Dkt.
No. 993, pp. 6-15, defendant Anastasio's motion to dismiss Count 1 of the Fourth
Superseding Indictment is denied. There is no clear error in any other portion of the
Report and Recommendation pertaining to the defendant, and the Report and
Case 1:09-cr-00331-RJA-HBS Document 1455 Filed 07/29/14 Page 1 of 2

Recommendation is therefore adopted.
IT IS SO ORDERED.
____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: July 29, 2014
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