USA v. Moore

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
Plaintiff,
DECISION AND ORDER
v. 	24-CR-162-A
DERREL AUSTIN,
Defendant.
On December 17, 2024, Defendant was charged in a four-count indictment
with various narcotics and firearms offenses, (Dkt. 23), and the case was referred to
Magistrate Judge Jeremiah J. McCarthy for supervision of all pretrial proceedings. A
scheduling order was entered which required that Defendant’s pretrial motions be
filed on or before February 5, 2025. (Dkt. 31).
On January 28, 2025, Defendant filed various timely pretrial motions which
sought the following relief: suppression of evidence; dismissal based upon pretrial
delay; dismissal of Count 3; Inspection of Grand Jury Minutes; Dismissal of
Outrageous Government Conduct; Costs; Release of Brady Materials; Pretrial
Notices; Leave to File Additional Motions; and Suppression of Pretrial Statements.
(Dkt. 37, 38). On March 11, 2025, Magistrate Judge McCarthy held an evidentiary
hearing on Defendant’s pretrial (Dkt. 37, 38) motions. (Dkt. 54).
Following that hearing, Defendant, on March 28, 2025, filed the instant
untimely pretrial motion seeking to dismiss the Indictment as defective. (Dkt. 58).
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After briefing (Dkt. 60, 62, 65) and oral argument (Dkt. 66) on Defendant’s
motion to dismiss the Indictment as defective (Dkt. 58), Magistrate Judge McCarthy,
on April 28, 2025, issued a Report and Recommendation (R&R) which
recommended that Defendant’s motion be denied. (Dkt. 67).
On May 2, 2025, Defendant filed Objections to the R&R, (Dkt. 68), and the
government responded. (Dkt. 71). This Court has determined that oral argument on
such motion is unnecessary.
Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo
determination of those portions of the R&R (Dkt. 67) to which objections have been
made. Upon de novo review and after reviewing the submissions of the parties, the
Court adopts the proposed findings of the R&R (Dkt. 67) and hereby adopts the
R&R in its entirety. (Dkt. 67). Accordingly, for the reasons set forth in Magistrate
Judge McCarthy's R&R (Dkt. 67), Defendant's motion to dismiss the Indictment as
defective (Dkt. 58) is denied in all respects.
The case is referred to Magistrate Judge McCarthy to address Defendant’s
remaining outstanding pretrial motions. (Dkt. 37, 38).
IT IS SO ORDERED.
s/Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: 	May 21, 2025
Buffalo, New York
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