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United States v. Westley

United States District Court, S.D. Georgia, Waycross Division

July 14, 2014

UNITED STATES OF AMERICA
v.
ERVIN JAMAAL WESTLEY, Defendant.

ORDER

WILLIAM T. MOORE, Jr., District Judge.

Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 54), to which no objections have been filed. After a careful de novo review of the record, the report and recommendation is ADOPTED as the Court's opinion in this case. As a result, Defendant's Motion to Suppress Evidence (Doc. 19) and Amended Motion to Suppress Evidence (Doc. 30) are DENIED, while Defendant's Motion to Suppress Statements (Doc. 20) and Amended Motion to Suppress Statements (Doc. 31) are GRANTED IN PART and DENIED IN PART. Accordingly, the Government shall he permitted to offer at trial only the statement Defendant made to his mother prior to the initiation of questioning by Officers Farmer and Haines. All other statements made by Defendant following the execution of the search warrant and prior to being advised of his Miranda rights are SUPPRESSED.

SO ORDERED.


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