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United States v. Reilly

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

July 20, 2015




This criminal case is before the Court on the objections [Doc. 102] of Defendant Deshawn Reilly ("Reilly") to the Report and Recommendation ("R&R") of United States Magistrate Judge Gerrilyn G. Brill [Doc. 97]. For the following reasons, Reilly's objections [Doc. 102] are OVERRULED, and the R&R [Doc. 97] is ADOPTED IN FULL.

I. Procedural History

Defendants Reilly and Curel Taylar (''Taylar '') are charged in a superseding indictment [Doc. 30] with making a false statement on a Firearms Transaction Record (ATF Form 4473) that Ms. Taylor was the buyer of certain firerms when, in fact, she was not the true purchaser (Count I). Reilly is also charged with possession of firearms by a convicted felon (Counts II and IIII) and possession of marijuana with the intent to distribute (Count IV).

Motions to suppress have been filed by Reilly [Docs. 23, 49] and Taylor [Doc. 46] . After conducting evidentiary hearings on the pending motions, the Magistrate Judge entered an R&R on June 4, 2 015, recommending that both motions be denied. Defendant Reilly timely filed objections on June 23, 2015 [Doc. 102]. Defendant Taylor has not filed objections to the R&R.

II. Legal Standard

The Court must conduct a de novo review of those portions of the Magistrate Judge's R&R to which a party objects. Fed. R. Crim. P. 59(b)(3). The Court may accept, reject, or modify, in whole or in part, the findings and recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b) (1); United States v. Raddatz, 447 U.S. 667, 673-74 (1980) . For a party's objections to warrant de novo review, he "must clearly advise the district court and pinpoint the specific findings that [he] disagrees with." United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009). The remainder of the R&R, to which no party offers specific objections, will be assessed for clear error only. See Tauber v. Barnhart, 438 F.Supp.2d 1366, 1373 (N.D.Ga. 2006) (Story, J.).

Statement of Facts

Defendants raise no objection to the R&R's findings of fact. Accordingly, by this Order the R&R's statement of facts is adopted and is set out below:

On March 14, 2 014, an employee at the Arrowhead Pawn Shop ("Arrowhead") in Jonesboro, Georgia, called Bureau of Alcohol, Tobacco and Firearms ("ATF") Special Agent ("SA") Benjamin Southall to notify him that a woman (Defendant Taylor) was attempting to buy two identical FN Model Five Seven pistols while accompanied by three other people. The weapons were expensive, high-powered pistols that shoot rifle rounds. SA Southall passed the information he received on to ATF SA Chuck Sedberry. In SA Sedberry's experience, it is common for a woman to be a straw purchaser for a man who is prohibited from buying guns. Adding to his suspicion, SA Sedberry learned that a handgun that Taylor had purchased elsewhere had recently been recovered by law enforcement m Fairburn, Georgia.

On March 17, 2014, an Arrowhead employee called Taylor and left a message for her that her background check was complete and she could come to the store to finalize the purchase of her guns. When Taylor called back, the store's caller I.D. showed that she was calling from a phone line subscribed to by Deshawn Reilly. SA Sedberry ran a criminal background check on Reilly and learned that he was a convicted felon and therefore prohibited by federal law from purchasing firearms.

On March 19, 2014, Special Agents Southall and Sedberry received a call from a different Arrowhead employee who said that Taylor was in the store with another individual, later identified as Deshawn Reilly. The Arrowhead employee told SA Southall that Taylor was purchasing an FN pistol and a shotgun, and that Reilly had selected the shotgun to be purchased. The employee said that Taylor and Reilly would be exiting the store with the pistol in a white plastic bag and the shotgun in a white and blue box.

Special Agents Southall and Sedberry spotted Taylor and Reilly leaving the store--Taylor carrying the white bag and Reilly carrying the blue and white shotgun box. Several agents, including Southall, Sedberry, Brooks, Gray, and Judkins, followed Defendants' car to their house at Niskey Lake Road. The car stopped when it was halfway into the garage.

SA Brooks got out of his car and approached Defendants while displaying his ATF credentials. Reilly got out of the car and walked up the driveway towards the street. Taylor also got out of the car but remained close to the trunk. Reilly approached the agents at the end of the driveway and asked them what was going on. At least two agents observed that Reilly was wearing a sweatshirt with a large bulge in the front pocket. SA Judkins ordered Reilly to stop moving and to show his hands. Reilly complied. SA Judkins ...

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