Order — United States v. Ribal Hajj-Hussein (Dkt. 29, February 23, 2024)

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An order in United States of America v. Ribal Hajj-Hussein, Case 2:22-cr-00169-JCM-EJY, U.S. District Court, District of Nevada, Document 29, filed 02/23/24. It takes up Magistrate Judge Youchah's report and recommendation (ECF No. 28), which recommends that the defendant's motion to suppress (ECF No. 24) be granted in part and denied without prejudice in part. The order states that the defendant moved to suppress statements made to law enforcement on March 17, 2021, that the government reserved the right to use them for impeachment, and that no objections were filed. It adopts the report and recommendation in full and gives the defendant until February 28, 2024, to refile the motion to suppress for impeachment purposes.

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     Case 2:22-cr-00169-JCM-EJY Document 29 Filed 02/23/24 Page 1 of 2



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 4                                UNITED STATES DISTRICT COURT
 5                                       DISTRICT OF NEVADA
 6                                                  ***
 7   UNITED STATES OF AMERICA,                             Case No. 222-CR-169 JCM (EJY)
 8                                         Plaintiff(s),                    ORDER
 9            v.
10   RIBAL HAJJ-HUSSEIN,
11                                       Defendant(s).
12
13            Presently before the court is Magistrate Judge Youchah’s report and recommendation
14   (“R&R”). (ECF No. 28). After considering the parties’ respective arguments, she recommends
15   that defendant Ribal Hajj-Hussein’s motion to suppress be GRANTED in part and DENIED
16   without prejudice in part. (ECF No. 24).
17            The defendant moved this court for an order suppressing the statements he made to law
18   enforcement on March 17, 2021. (ECF No. 24, at 3). The government responded that it did not
19   intend to offer the defendant’s statements during its case-in-chief but reserved the right to use
20   them for impeachment purposes.         (ECF No. 25).      Judge Youchah recommends that the
21   defendant’s statements be suppressed during the government’s case-in-chief, but denies without
22   prejudice the defendant’s request to suppress the statements for impeachment purposes. (ECF
23   No. 28, at 5). Judge Youchah found that the defendant did not properly brief the latter issue.
24   (Id.).
25            No objections were filed to the R&R. Thus, the district court is not obligated to conduct
26   a de novo review of the R&R. 28 U.S.C. § 636(b)(1) (requiring courts to “make a de novo
27   determination of those portions of the report or specified proposed findings to which objection is
28   made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“[T]he
     Case 2:22-cr-00169-JCM-EJY Document 29 Filed 02/23/24 Page 2 of 2



 1   district judge must review the magistrate judge’s findings and recommendations de novo if
 2   objection is made, but not otherwise.”).
 3          Accordingly,
 4          IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Judge Youchah’s R&R
 5   (ECF No. 28) be, and the same hereby is, ADOPTED, in full.
 6          IT IS FURTHER ORDERED that the defendant’s motion to suppress (ECF Nos. 24) be,
 7   and the same hereby is, GRANTED in part and DENIED without prejudice in part.
 8          IT IS FURTHER ORDERED that, in accordance with the R&R, the defendant has until
 9   February 28, 2024, to refile his motion to suppress his statements for impeachment purposes.
10          DATED February 23, 2024.
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                                                 _________________________________________
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                                                 UNITED STATES DISTRICT JUDGE
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