USA v. Koppenhaver

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IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
JEREMY S. KOPPENHAVER,
Defendant.
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Case No. 6:25-CR-03035-BCW-1
ORDER
Before the Court is Magistrate Judge Willie J. Epps, Jr.’s Report and Recommendation
(Doc. #78) concerning Defendant’s Motion to Dismiss Count 2 of the Indictment (Doc. #71).
On April 1, 2025, Defendant was charged by indictment with Count 1, Receipt and
Distribution of Child Pornography in violation of 18 U.S.C. §§ 2252(a)(2) and (b)(1), and Count
2, Receipt and Distribution of Child Pornography in violation of 18 U.S.C. §§ 1446A and
2252(b)(1). (Doc. #1).
On March 29, 2026, Defendant filed a motion to dismiss Count 2 for failure to state an
offense. (Doc. #71). On April 7, 2026, the grand jury issued a Superseding Indictment charging
Defendant with the same two offenses and amending the language in Count 2. (Doc. #73). On
April 28, 2026, the Government filed opposing suggestions arguing Defendant’s motion should be
denied as untimely and moot. (Doc. #76). Defendant did not file reply suggestions.
On April 28, 2026, Judge Epps issued the instant Report and Recommendation
recommending the Court deny Defendant’s motion as moot. (Doc. #78). Defendant did not file
objections and the deadline to do so has passed.
The Court, after an independent review of the record and the applicable law, adopts the
Magistrate Judge’s Report and Recommendation. Accordingly, it is hereby
Case 6:25-cr-03035-BCW Document 83 Filed 05/14/26 Page 1 of 2

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ORDERED that the Magistrate Judge’s Report and Recommendation (Doc. #78) be
attached to and made part of this Order. It is further
ORDERED Defendant’s Motion to Dismiss Count 2 of the Indictment (Doc. #71) is
DENIED AS MOOT for the reasons stated in the Report and Recommendation.
IT IS SO ORDERED.
Dated: May 14, 2026 /s/ Brian C. Wimes
BRIAN C. WIMES, CHIEF JUDGE
UNITED STATES DISTRICT COURT
Case 6:25-cr-03035-BCW Document 83 Filed 05/14/26 Page 2 of 2