USA v. Gregg
Criminal

Middle District of Florida, flmd-8:2017-cr-00409-340790

ORDER: The Report and Recommendation (Doc. # {{56}}) is ACCEPTED and ADOPTED. Gregg's Objection (Doc. # {{72}}) is OVERRULED. Gregg's Motion to Suppress Evidence (Doc. # {{35}}) is DENIED. Signed by Judge Virginia M. Hernandez Covington on 1/29/2018. (KAK)

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PageID 869 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA v. Case No. 8:17-cr-409-T-33JSS JAMES ROBERT GREGG, JR. ______________________________/ ORDER This matter is before the Court upon consideration of the Report and Recommendation of the Honorable Julie S. Sneed, United States Magistrate Judge (Doc. # 56), which was filed on December 14, 2017, pursuant to an evidentiary hearing held November 20, 2017. Judge Sneed recommends that Gregg's Motion to Suppress Evidence (Doc. # 35) be denied. Gregg filed an Objection to the Report and Recommendation (Doc. # 72) on January 11, 2018, to which the United States responded (Doc. # 79) on January 25, 2018. Upon due consideration, the Court overrules Gregg's Objection and adopts the Report and Recommendation. Discussion After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. PageID 870 Wainwright, 681 F.2d 732, 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n. 9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (11th Cir. 1994). The Court has conducted an independent examination of the file and upon due consideration, the Court overrules the filed Objection and adopts the Report and Recommendation. Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 56) is ACCEPTED and ADOPTED. (2) Gregg's Objection (Doc. # 72) is OVERRULED. (3) Gregg's Motion to Suppress Evidence (Doc. # 35) is DENIED. DONE and ORDERED in Chambers in Tampa, Florida, this 29th day of January, 2018. -2- PageID 871 -3-