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United States v. Graham

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

March 27, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
FREDERICK 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). Defendant filed objections to the Report and Recommendation on March 27, 2015 (ECF No. 64).

The Magistrate Judge recommends that Defendant's Motions be denied. After de novo review of this matter, this 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 (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) are DENIED.


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