United States v. Eagle
District Court, D. South Dakota
1Opinion of the Court
ORDER ADOPTING REPORT AND RECOMMENDATION
CHARLES B. KORNMANN, District Judge.
Defendant filed a motion, Doc. 53, to dismiss the indictment, contending that the conduct alleged in the indictment did not take place within 1,000 feet of a “playground.” Magistrate Mark A. Moreno issued his report and recommendation, Doc. 62, recommending that the motion to dismiss be denied. Neither party filed objections. The Court has conducted a review of the record.
Now, therefore,
IT IS ORDERED:
1. The report and recommendation, Doc. 62, is adopted.
2. The motion, Doc. 53, to dismiss the indictment is denied.
REPORT…
2Cases cited12 opinions
- United States v. Atanacio Gonzalez-RodriguezCourt of Appeals for the Eighth Circuit · 2001
- United States v. Duane Carl CarpenterCourt of Appeals for the Eighth Circuit · 2005
- United States v. SolerCourt of Appeals for the First Circuit · 2002
- United States v. Rojas AlvarezCourt of Appeals for the Fifth Circuit · 2006
- United States v. Deandre Smith, A/K/A DinoCourt of Appeals for the Tenth Circuit · 1993
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