United States v. Herman Raddatz

SPRECHER, Circuit Judge.

The district court found the defendant, Herman Raddatz, guilt of violating 18 U.S.C. § 922(h), receipt of a firearm in interstate commerce oy a convicted felon, and imposed a five year sentence. 1 The Government concedes on appeal that the sentence imposed was improper under our decision in United States v. Batchelder, 581 F.2d 626 (7th Cir. 1978), cert. granted, - U.S. -, 99 S.Ct. 830, 59 L.Ed.2d 30 (1979). 2

The defendant argues additionally, however, that the reference of his motion to suppress evidence to a magistrate under 28 U.S.C. § 636(b)(1)(B) violated both the…