U.S. v. Stock

Full title: UNITED STATES OF AMERICA v. JEFFREY STOCK

Court: United States District Court, E.D. Tennessee, at Greeneville

Date published: Sep 2, 2009

NO. 2:09-CR-46 (E.D. Tenn. Sep. 2, 2009)

Opinion

NO. 2:09-CR-46.

September 2, 2009

ORDER

J. GREER, District Judge

This criminal matter is before the Court to consider the Report and Recommendation of the United States Magistrate Judge dated August 4, 2009. [Doc. 30]. The Magistrate Judge recommends that the defendant's motion to dismiss the indictment be denied. [Doc. 19]. The defendant has filed objections to this report. [Doc. 39].

After careful and de novo consideration of the Report and Recommendation of the United States Magistrate Judge, the defendant's motion to dismiss, the response of the government, and for the reasons set out in that Report and Recommendation, which are incorporated by reference herein, it is hereby ORDERED that this Report and Recommendation is ADOPTED and APPROVED, and that the defendant's motion to dismiss is DENIED.

[Doc. 19].

In addition, it should also be noted that the defendant's issue in regard to a due process violation based on lack of notice and his ex post facto argument are effectively foreclosed by United States v. Samuels, 319 Fed. Appx. 389, 2009 WL 877698 (6^th Cir. 2009).