United States v. Smith

ORDER

MARK E. FULLER, Chief Judge.

After an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that:

1. The defendant’s Objection to the Report and Recommendation of the Magistrate Judge (Doc. # 60) filed on November 30, 2009 is overruled;

2. The Recommendation of the United States Magistrate Judge entered on November 16, 2009 (Doc. # 57) is adopted;

3. The defendant’s motion to suppress (Doc. # 28) is GRANTED as to the statements made in connection with the November 6, 2008 stop and DENIED as to all issues.

REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE

TERRY F.…