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Decision and Order — United States v. Brian Avery Smith (W.D.N.Y., Dkt. 63, October 22, 2024)

Summary

Decision and Order of the United States District Court, Western District of New York, dated October 22, 2024, in the criminal case against Brian Avery Smith, who is charged in a 4-count Indictment. Magistrate Judge Michael J. Roemer filed a Report, Recommendation and Order on August 29, 2024, recommending that Smith's motion to suppress and motion to dismiss be denied. No objections were filed by the October 21, 2024 deadline, so the Court reviewed for clear error, adopted the Report in its entirety and denied both motions. The parties were directed to appear for a status conference on October 28, 2024, at 9:30 am to set a date for trial or plea.

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“Decision and Order — United States v. Brian Avery Smith (W.D.N.Y., Dkt. 63, October 22, 2024).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-23-cr-00110-dkt-63-w-d-n-y-025595b28e/, SHA-256 8496f709d19dff63559d02b9516acdbd21b5c1b65a6eb56ccfa0863984ac5a46.

Full text

      Case 1:23-cr-00110-RJA-MJR Document 63 Filed 10/22/24 Page 1 of 2




UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK


UNITED STATES OF AMERICA,

                                 Plaintiff,

                                                          DECISION AND ORDER
                v.                                            23-CR-110-A

BRIAN AVERY SMITH,
                                 Defendant.



      Defendant Brian Avery Smith is charged in a 4-count Indictment (Dkt. No. 30).

The case was referred to Magistrate Judge Michael J. Roemer pursuant to 28

U.S.C. § 636(b)(1) for the conduct of pretrial proceedings.

      On August 29, 2024, the Magistrate Judge filed a Report, Recommendation

and Order (“RR&O”) (Dkt. No. 58) that recommends Defendant’s motion to suppress

and motion to dismiss (Dkt. No. 45) be denied. At Defendant’s request (Dkt. No.

61), the parties were given to October 21, 2024, to file any objections to Magistrate

Judge Roemer’s RR&O. No objections to the RR&O were filed by the parties.

Because there are no objections to the RR&O, the Court reviews the RR&O on clear

error review.

      The Court adopts the reasoning of the Magistrate Judge and deems no

further discussion necessary.

      Upon clear error review pursuant to 28 U.S.C. §636(b)(1), and for the reasons

set forth in the RR&O, it is hereby
      Case 1:23-cr-00110-RJA-MJR Document 63 Filed 10/22/24 Page 2 of 2




      ORDERED that the RR&O (Dkt. No. 58) is adopted in its entirety; and it is

further

      ORDERED that Defendant’s motion to suppress and motion to dismiss (Dkt.

No. 45) is DENIED. The parties shall appear for a status conference to set a date

for trial or plea on October 28, 2024, at 9:30 am.



      IT IS SO ORDERED.



                                        __s/Richard J. Arcara_________
                                        HONORABLE RICHARD J. ARCARA
                                        UNITED STATES DISTRICT COURT

Dated: October 22, 2024
       Buffalo, New York




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