USA v. Busch et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
ORDER
v. 09-CR-331-A
JONATHAN DELGADO,
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, primarily recommending denial of motions of
defendant Jonathan Delgado for various pretrial relief. The Report and
Recommendation does recommend suppression of statements made by defendant
Delgado to a Buffalo Police Detective on April 30, 2006, and recommends denial of
suppression of statements made by defendant Delgado to a New York State Police
Investigator on February 3, 2012. The United States filed objections to the
recommendation to suppress defendant’s statements made on April 30, 2006, Dkt. No.
1020, and defendant filed objections to the recommendation to deny suppression of his
February 3, 2012 statements, Dkt. No. 1030.
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, defendant Delgado’s motion to suppress his April 30, 2006 statements is
granted, and his motion to suppress his February 3, 2012 statements is denied. Id. at
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pp. 51-64, 65-68, respectively. The Report and Recommendation, Dkt. No. 993, is
therefore adopted as to defendant Delgado. The Court defers determination of the
voluntariness of defendant’s April 29 and April 30, 2006 statements preliminary to their
potential use for impeachment purposes at this time, and the United States is directed
to seek such a determination when it becomes aware it will seek to use these
statements for impeachment purposes.
IT IS SO ORDERED.
____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: July 29, 2014
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