Order — United States v. Weaver (Dkt. 153, E.D. Mo.)

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An order of Chief U.S. District Judge Stephen R. Clark in United States v. Hollis Weaver, Case No. 4:21-cr-00675-SRC, in the U.S. District Court for the Eastern District of Missouri, filed October 2, 2023 as Doc. 153. It sustains, adopts and incorporates the Report and Recommendation of Magistrate Judge Patricia L. Cohen (Doc. 147), issued after an evidentiary hearing. The order denies the defendant's motions to suppress physical evidence from the November 10, 2021 searches of his vehicle and residence (Docs. 58, 83), his motion to suppress statements made to U.S. Probation that day (Doc. 60), and his motion to strike Probation Officer Grant Sneed's testimony under the Jencks Act (Doc. 128). It denies an untimely motion for leave to file objections (Doc. 152) but allows a motion to reconsider by October 9, 2023.

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Case: 4:21-cr-00675-SRC Doc. #: 153 Filed: 10/02/23 Page: 1 of 2 PageID #: 767




                            UNITED STATES DISTRICT COURT
                            EASTERN DISTRICT OF MISSOURI
                                  EASTERN DIVISION

UNITED STATES OF AMERICA,                       )
                                                )
           Plaintiff,                           )
                                                )
      v.                                        ) Case No. 4:21-cr-00675-SRC
                                                )
HOLLIS WEAVER,                                  )
                                                )
           Defendant.                           )

                                              Order

       Defendant Hollis Weaver seeks to suppress physical evidence seized during the searches

of his vehicle and residence on November 10, 2021, Docs. 58, 83, and the statements he made to

U.S. Probation after the searches, Doc. 60. Weaver also moves to strike U.S. Probation Officer

Grant Sneed’s testimony for violation of the Jencks Act. Doc. 128. The Court referred

Weaver’s motions to United States Magistrate Judge Patricia L. Cohen. See 28 U.S.C. § 636(b).

After holding an evidentiary hearing and reviewing post-hearing briefing, Judge Cohen issued a

Report and Recommendation, recommending that the Court deny Weaver’s motions. Doc. 147.

       After careful consideration, the Court sustains, adopts, and incorporates Judge Cohen’s

[147] Report and Recommendation, and denies Weaver’s [58] Motion to Suppress (Vehicle

Search) Physical Evidence, [60] Motion to Suppress Statements Made on November 10, 2021 to

Probation, [83] Motion to Suppress (Residence Search) Physical Evidence, and [128] Motion to

Strike Portions of Probation Officer Grant Sneed’s Testimony Given at the Evidentiary Hearing

for Failure to Produce Jencks Act Material.

       The Court further notes that Judge Cohen advised Weaver that he had 14 days, or until

September 14, 2023, to file objections to the Report and Recommendation, unless he obtained

 Case: 4:21-cr-00675-SRC Doc. #: 153 Filed: 10/02/23 Page: 2 of 2 PageID #: 768




good cause for an extension of time. Doc. 147 at p. 24. On September 14, 2023, Weaver

requested a six-day extension for filing objections, which the Court granted. Doc. 149. Weaver

failed to file his objections by the extended deadline and the following day moved for leave to

file his objections on September 21, 2023. Doc. 150. The Court granted Weaver leave but he

again failed to file his objections by the deadline. Shortly before the Court issued this Order,

Weaver filed a second motion for leave to file his objections out of time and requested an

extension through October 9, 2023. Doc. 152. The Court denies that untimely motion but grants

Weaver leave to file, no later than October 9, 2023, a motion to reconsider this Order adopting

Judge Cohen’s Report and Recommendation.



       So Ordered this 2nd day of October 2023.




                                              STEPHEN R. CLARK
                                              CHIEF UNITED STATES DISTRICT JUDGE

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