United States v. Red Bird

ORDER

KORNMANN, District Judge.

[¶ 1] The defendant, Andrew Red Bird (“Red Bird”), filed a motion (Doc. 18) to suppress statements allegedly made jointly by Red Bird to an agent of the Federal Bureau of Investigation and a criminal investigator for the Rosebud Sioux Tribe; the motion raises a Sixth Amendment issue and a voluntariness issue. The same motion seeks to suppress six buccal swabs and DNA evidence derived therefrom on a claim of “fruits of the poisonous tree.” U.S. Magistrate Judge Moreno, after conducting an evidentiary hearing, filed and served a report and recommendation (Doc. 32)…