Opinion
Case No. 4:16-00108-CR-RK
12-07-2017
UNITED STATES OF AMERICA, Plaintiff, v. WILLIAM H. BUTLER, Defendant.
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION
Before the Court is Defendant William H. Butler's Motion to Suppress (doc. 13). An evidentiary hearing was held on August 24, 2017, before United States Magistrate Judge John T. Maughmer. On November 16, 2017, Judge Maughmer issued the Report and Recommendation ("R&R"). (Doc. 28.) Defendant filed objections to the R&R (doc. 29), and the Government filed a response to Defendant's objections (doc. 30).
Pursuant to Federal Rule of Criminal Procedure 59(b)(3), "[a] district judge must consider de novo any objection to a magistrate judge's recommendation." After an independent, de novo review of the record, including all exhibits admitted at the evidentiary hearing, the applicable law, and the parties' objections and original motion, the Court adopts the Report and Recommendation of Judge Hays in its entirety.
Accordingly, it is ORDERED that:
(1) Defendant's Motion to Suppress (doc. 13) is GRANTED in part and DENIED in part. The Court SUPPRESSES Defendant's statement about his criminal record. The motion is denied is all other respects; and
(2) Magistrate Judge John T. Maughmer's Report and Recommendation (doc. 28) shall be attached to and made a part of this Order.
s/ Roseann A. Ketchmark
ROSEANN A. KETCHMARK, JUDGE
UNITED STATES DISTRICT COURT DATED: December 7, 2017