USA v. Busch et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
ORDER
v. 09-CR-331-A
ISMAEL LOPEZ,
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 to
suppress evidence and statements filed by defendant Ismael Lopez, Dkt. Nos.
614, 616, 669, 730, and filed a Decision and Order, Dkt. No. 994, granting in part
and denying in part defendant’s motions for various pretrial relief.
Defendant Lopez filed objections to the recommendation of the Magistrate
Judge not to suppress evidence and statements, Dkt. No. 1029, and an appeal of
the Decision and Order, id., and the Court heard oral argument on the objections
and appeal.
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,
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and for the reasons set forth in Magistrate Judge Scott’s Report and
Recommendation, see Dkt. No. 993, pp. 76-85, defendant Lopez’s motions to
suppress evidence and statements are denied. There is no clear error in any
other portion of the Report and Recommendation pertaining to the defendant, and
the Report and Recommendation is therefore adopted as to the defendant.
It is further
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), upon clearly erroneous
and contrary to law review, defendant Lopez’s appeal of Magistrate Judge Scott’s
Decision and Order, Dkt. No. 994, is denied.
IT IS SO ORDERED.
____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: July 29, 2014
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