United States v. Fox

MEMORANDUM AND ORDER

KOPF, District Judge.

This matter is before the court on the government’s statement of appeal (filing 97) from an order that was entered by Magistrate Judge Piester (filing 96) denying the government’s “objection to issuance of subpoenas” (filing 92). Reviewing the order pursuant to 28 U.S.C. § 636(b)(1)(A) and NELR 72.3, I find that the government’s statement of appeal should be sustained in part.

I. Background

The defendant, Donald P. Fox, is charged with possession of marijuana with intent to distribute. On May 2, 2003, he filed a motion to suppress all physical evidence…