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United States v. McMillan

United States District Court, W.D. Missouri, Central Division

June 15, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
ALEXANDER VLADIMIR MCMILLAN, et al., Defendants.

ORDER

BRIAN C. WIMES, District Judge.

Before the Court is Magistrate Judge Matt J. Whitworth's Report and Recommendation (Doc. #364) denying Defendants' motions to dismiss various counts of the Second Superseding Indictment (Doc. #296). See Docs. #348, #349, #350, #351, & 352. Defendants McMillin, Matthew Hawkins, Patrick Hawkins, Carmichael, and Upchurch filed objections to the Report and Recommendation (Docs. #370, #371, #372, #373, #374). The Court, having independently reviewed the record, the applicable law, and the parties' arguments, adopts the Magistrate Judge's findings of fact and conclusions of law. Accordingly, it is hereby

ORDERED Defendants' motions to dismiss various counts of the Second Superseding Indictment (Docs. #348, #349, #350, #351, & 352) are DENIED. It is further

ORDERED Magistrate Judge Whitworth's Report and Recommendation (Doc. #364) be attached to and made part of this order.

IT IS SO ORDERED.

REPORT AND RECOMMENDATION

Defendants Alexander V. McMillin (doc. 348), Patrick R. Hawkins (doc. 350), Matthew A. Hawkins (doc. 349), Molly Jane Carmichael (doc. 351), and Wesley Adam Upchurch (doc. 352) have filed motions to dismiss various counts of the Second Superseding Indictment. Defendants restate the same arguments that they raised in their motions to dismiss various counts of the Superseding Indictment. Defendants' contentions have previously been considered and found to be without merit in a Report and Recommendation issued by the undersigned (doc. 276), which was subsequently adopted by District Court Judge Brian C. Wimes (doc. 297).

Accordingly,

IT IS THEREFORE RECOMMENDED that the motions of defendant Alexander V. McMillin (doc. 348), Patrick R. Hawkins (doc. 350), Matthew A. Hawkins (doc. 349), Molly Jane Carmichael (doc. 351), and Wesley Adam Upchurch (doc. 352) to dismiss various counts of the Second Superseding Indictment be DENIED.

Counsel are reminded that they have fourteen days from the date of receipt of a copy of this Report and Recommendation within which to file and serve objections. A failure to file and serve exceptions by this date shall bar an attack on appeal of the factual findings in the Report and Recommendation which are accepted or adopted by the district judge, except on the grounds of plain error or manifest injustice.


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