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Order Accepting Report and Recommendation — No. 0:20-cr-00177 (Dkt. 101, D. Minn.)

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Order signed by Eric C. Tostrud of the U.S. District Court for the District of Minnesota, United States v. Kyle William Brenizer, case 0:20-cr-00177, Doc. 101, dated October 1, 2021. Finding no clear error in Magistrate Judge Hildy Bowbeer's report and recommendation of August 9, 2021 (ECF No. 96), to which no party objected, the court accepts it. It denies in part and as moot in part the motion to suppress evidence obtained by search and seizure (ECF No. 30), and denies the motions to suppress cell phone evidence (ECF No. 59) and vehicle evidence (ECF No. 60).

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“Order Accepting Report and Recommendation — No. 0:20-cr-00177 (Dkt. 101, D. Minn.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-accepting-report-and-recommendation-no-0-20-cr-00177-dkt-101-d-m-fc912d8231/, SHA-256 0b312915be636ffeca927de4bf2c30ec6f79c3d11d555063eb2c01cf1cf0992f.

Full text

           CASE 0:20-cr-00177-ECT-HB Doc. 101 Filed 10/01/21 Page 1 of 2




                            UNITED STATES DISTRICT COURT
                               DISTRICT OF MINNESOTA


United States of America,                              File No. 20-cr-177 (ECT/HB)

               Plaintiff,

v.                                                  ORDER ACCEPTING REPORT
                                                     AND RECOMMENDATION
Kyle William Brenizer,
aka Kyle Williams,

           Defendant.
________________________________________________________________________

      Magistrate Judge Hildy Bowbeer issued a Report and Recommendation filed on

August 9, 2021. ECF No. 96. No party has objected to that Report and Recommendation,

and it is therefore reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon,

73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding no clear error, and based upon all

of the files, records, and proceedings in the above-captioned matter, IT IS ORDERED

THAT:

      1.       The Report and Recommendation [ECF No. 96] is ACCEPTED;

      2.       Defendant Kyle William Brenizer’s Motion to Suppress Evidence Obtained

by Search and Seizure [ECF No. 30] is DENIED in part and DENIED AS MOOT in part,

as set forth fully in the Report and Recommendation [ECF No. 96];

      3.       Defendant Kyle William Brenizer’s Motion to Suppress Evidence Obtained

by Search and Seizure (Cell Phone Evidence) [ECF No. 59] is DENIED; and
           CASE 0:20-cr-00177-ECT-HB Doc. 101 Filed 10/01/21 Page 2 of 2




      4.       Defendant Kyle William Brenizer’s Motion to Suppress Evidence Obtained

by Search and Seizure (Vehicle Evidence) [ECF No. 60] is DENIED.


Dated: October 1, 2021                  s/ Eric C. Tostrud
                                        Eric C. Tostrud
                                        United States District Court

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