United States v. Mohamed Arref Shami and Waleed Samaha

This case presents the question of whether the district court erred in failing to give a de novo review to those issues to which defendants filed objections. We hold that a de novo review is required by both Article III of the United States Constitution and 28 U.S.C. § 636(b) (1982). We Reverse and Remand.

Mohamed Arref Shami and Waleed Sam-aha were each indicted with conspiracy to possess with intent to distribute heroin. Samaha was charged with aiding and abetting Shami in the distribution of heroin to undercover agents. Prior to trial, defendant Shami, while represented by the Federal…