USA v. Hernandez

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Case 1:22-cr-10016-CBK Document 59 Filed 10/27/22 Page 1 of 1 PagelD #: <pagelD>

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
NORTHERN DIVISION

UNITED STATES OF AMERICA, 1:22-CR-10016-CBK

Plaintiff, ORDER ADOPTING

vs. REPORT AND RECOMMENDATION
RIGOBERTO HERNANDEZ,

Defendant.

Defendant filed a motion to suppress all statements made and all evidence seized by law
enforcement arising out of a traffic stop on January 21, 2021. The motion came on for hearing
before the Honorable Mark A. Moreno, U.S. Magistrate Judge, on October 6, 2022. Magistrate
Moreno issued a report and recommendation on October 22, 2022, recommending that the
motion to suppress be granted. Pursuant to stipulation of the parties, objections, if any were
required to be filed within three business days of the issuance of the report and recommendation.
The government filed late objections after the close of business on the third business day. Such
objections will not be considered. I have conducted a review of the record and files herein.

Now, therefore,

IT IS ORDERED:

1. The report and recommendation, Doc. 55, is adopted.

2. Defendant’s motion, Doc. 29, to suppress is granted.

DATED thiso2’/ &% of October, 2022.

BY THE COURT:

Zin bey PBL rvperrirn

CHARLES B. KORNMANN ~
United States District Judge

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO