United States v. Pennington

ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING OBJECTIONS

Donald, District Judge.

Defendant Clarence Pennington (“Defendant”) was indicted on one count of possessing with the intent to distribute approximately 79.2 grams of cocaine base in violation of 21 U.S.C. § 841(a)(1). Defendant filed a motion to suppress evidence seized during the execution of a search warrant at his house located at 768 Richmond in Memphis, Tennessee. Defendant contended that the search warrant was improperly issued by a judicial commissioner whose authority was derived from an unconstitutional statute and that…