Legal Opinion

United States v. Eagle

District Court, D. South Dakota

Decided December 9, 2008No. CR 08-30053-01Published

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

  1. United States v. Atanacio Gonzalez-RodriguezCourt of Appeals for the Eighth Circuit · 2001
  2. United States v. Duane Carl CarpenterCourt of Appeals for the Eighth Circuit · 2005
  3. United States v. SolerCourt of Appeals for the First Circuit · 2002
  4. United States v. Rojas AlvarezCourt of Appeals for the Fifth Circuit · 2006
  5. United States v. Deandre Smith, A/K/A DinoCourt of Appeals for the Tenth Circuit · 1993

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