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United States v. Graham

United States District Court, E.D. Missouri, Eastern Division

March 26, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
FREDERICK ERNEST GRAHAM, Defendant.

ORDER

RONNIE L. WHITE, District Judge.

This matter is before the Court on Defendant's pre-trial motions: (1) pro se motion to dismiss the indictment for violating the Double Jeopardy Clause (ECF No. 32); (2) prose motion for a bill of particulars (ECF No. 33); (3) motion to dismiss the indictment on statutory and constitutional grounds (ECF No. 35); (4) prose motion to exclude evidence under Federal Rule of Evidence 403 (ECF No. 36); and (5) motion to suppress physical evidence and statements (ECF No. 14 oral, 21, 24). Pursuant to 28 U.S.C. ยง 636(b), this matter was referred to United States Magistrate Judge David Noce, who filed a Report and Recommendation on March 11, 2015 (ECF No. 54). Neither party submitted objections to the Report and Recommendation.

Magistrate Judge Noce recommends that the Court deny Defendant's motions. After de nova review of the entire record in this matter, the Court adopts the Magistrate Judge's recommendation.

Accordingly,

IT IS HEREBY ORDERED that the Report and Recommendation of the United States Magistrate Judge (ECF No. 54) is SUSTAINED, ADOPTED, AND INCORPORATED herein.

IT IS FURTHER ORDERED that (1) pro se motion to dismiss the indictment for violating the Double Jeopardy Clause (ECF No. 32); (2) pro se motion for a bill of particulars (ECFNo. 33); (3) motion to dismiss the indictment on statutory and constitutional grounds (ECF No. 35); (4) prose motion to exclude evidence under Federal Rule of Evidence 403 (ECF No. 36); and (5) motion to suppress physical evidence and statements (ECF No. 14 oral, 21, 24) are DENIED.


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