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United States v. Wilson

United States District Court, N.D. Georgia, Rome Division

February 4, 2015

UNITED STATES OF AMERICA
v.
DEMOND WILSON

ORDER

HAROLD L. MURPHY, District Judge.

This case is before the Court on Defendant's Motion to Suppress Evidence Seized Without a Warrant ("Motion to Suppress") [16], [1] on the Non-Final Report and Recommendation of United States Magistrate Judge Walter E. Johnson [44], and on Defendant's Objections to the Non-Final Report and Recommendation [47].

I. Standard of Review for a Report and Recommendation

28 U.S.C. § 636(b)(1) requires that in reviewing a magistrate judge's report and recommendation, the district court "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1). The Court therefore must conduct a de novo review if a party files "a proper, specific objection" to a factual finding contained in the report and recommendation. Macort v. Prem, Inc., 208 F.App'x 781, 784 (11th Cir. 2006); Jeffrey S. by Ernest S. v. State Bd. of Educ., 896 F.2d 507, 513 (11th Cir. 1990); United States v. Gaddy, 894 F.2d 1307, 1315 (11th Cir. 1990); LoConte v. Dugger, 847 F.2d 745, 750 (11th Cir. 1988). If no party files a timely objection to a factual finding in the report and recommendation, the Court reviews that finding for clear error. Macort, 208 F.App'x at 784. Legal conclusions, of course, are subject to de novo review even if no party specifically objects. United States v. Keel, 164 F.App'x 958, 961 (11th Cir. 2006); United States v. Warren, 687 F.2d 347, 347 (11th Cir. 1982).

II. Background

A. Statement of Facts

The Court's review of the record in this case reveals that Judge Johnson correctly set forth the facts in this action. The Court therefore adopts the Statement of Facts portion of the Non-Final Report and Recommendation, and incorporates that portion of the Non-Final Report and Recommendation into this Order as if set forth fully herein. (Non-Final Report & Recommendation at 2-8.) In light of this finding, the Court rejects Defendant's contention that "the facts recited by the Court are inconsistent with the evidence." (Objections (Docket Entry No. 47) at 2.)

B. Procedural Background

On April 9, 2013, a federal grand jury sitting in the Northern District of Georgia returned a two-count indictment against Defendant. (Docket Entry No. 9.) Count One of the Indictment alleges that, on or about January 8, 2013, in the Northern District of Georgia, Defendant, having been convicted of a felony offense, did knowingly possess in and affecting interstate and foreign commerce, a firearm, that is, a.22 caliber rifle, in violation of 18 U.S.C. § 922(g). (Id. at 1.) Count Two of the indictment charges that, on or about January 16, 2013, in the Northern District of Georgia, Defendant, having been convicted of a felony offense, did knowingly possess in and affecting interstate and foreign commerce, rounds of ammunition, including.22 and.223 caliber ammunition, in violation of 18 U.S.C. § 922(g). (Id. at 1-2.) The indictment also contains a forfeiture provision. (Id. at 2-3.)

On April 26, 2013, Defendant filed his Motion to Suppress. (Docket Entry No. 16.) Defendant initially challenged the stop of his vehicle on January 8, 2013, and the search of his residence and vehicle on January 16, 2013. (See generally id.) Defendant does not now contest the search warrants executed for his residence and vehicle. (See generally Def.'s Post-Hr'g Br. (Docket Entry No. 42.) Defendant, however, argues that the stop of his vehicle violated his Fourth Amendment rights.[2]

Judge Johnson held an evidentiary hearing on Defendant's Motion to Suppress. (Docket Entry No. 38.) On January 16, 2015, Judge Johnson issued his Non-Final Report and Recommendation. (Docket Entry No. 44.) Judge Johnson recommends that the Court deny Defendant's Motion to Suppress. (Id.)

Defendant filed Objections to the Non-Final Report and Recommendation. (Docket Entry No. 47.) The time period in which the Government could file a response to Defendant's Objections has expired, and the Court finds that the matter is ripe for resolution.

III. Discussion

Judge Johnson correctly set forth the relevant law relating to the Fourth Amendment and investigatory stops in his Non-Final Report and Recommendation. (Non-Final Report & Recommendation at 9-11.) The Court further agrees with Judge Johnson that given the evidence, "the totality of the circumstances support the officers' reasonable suspicion to stop [D]efendant's vehicle and to briefly detain and ...


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