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Order Accepting Report and Recommendation — No. 0:21-cr-00169 (Dkt. 185, D. Minn.)

Summary

Order signed by Eric C. Tostrud of the U.S. District Court for the District of Minnesota, United States v. Harold Bennie Kaeding, case 0:21-cr-00169, Doc. 185, dated February 14, 2024. The court accepts Magistrate Judge John F. Docherty's report and recommendation of December 11, 2023 (ECF No. 171), noting that Kaeding's objection was untimely and would not change the result. It denies the amended motion to suppress statements (ECF No. 77), the motion to suppress evidence from search and seizure (ECF No. 78) and the motion to suppress evidence obtained by grand jury subpoena duces tecum (ECF No. 74).

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“Order Accepting Report and Recommendation — No. 0:21-cr-00169 (Dkt. 185, D. Minn.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-accepting-report-and-recommendation-no-0-21-cr-00169-dkt-185-d-m-aa14a3e6aa/, SHA-256 3c09a91ca9cf50f8488849205cc7776ac708c0190e6cc3c9d93e2bf5b2ffe6b6.

Full text

             CASE 0:21-cr-00169-ECT-JFD Doc. 185 Filed 02/14/24 Page 1 of 2



                             UNITED STATES DISTRICT COURT
                                DISTRICT OF MINNESOTA


United States of America,                                 File No. 21-cr-169 (ECT/JFD)

                Plaintiff,

v.                                                     ORDER ACCEPTING REPORT
                                                        AND RECOMMENDATION
Harold Bennie Kaeding,

              Defendant.
    ________________________________________________________________________

        Magistrate Judge John F. Docherty issued a Report and Recommendation on

December 11, 2023. ECF No. 171. No party has timely 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).1

        Finding no clear error, and based on all the files, records, and proceedings in the above-

captioned matter, IT IS ORDERED THAT:

        1.      The Report and Recommendation [ECF No. 171] is ACCEPTED; and

        2.      Defendant’s Amended Motion to Suppress Statements [ECF No. 77] is

DENIED;




1
       Defendant Harold Bennie Kaeding requested and obtained one extension of time to file
objections to the Report and Recommendation. See ECF Nos. 173, 174. He filed a second
extension request that was denied. See ECF Nos. 177–178, 180. But Mr. Kaeding did not
timely object to the Report and Recommendation. It is true that Mr. Kaeding filed an untimely
objection. ECF No. 182. Because these objections were untimely, they will not be
considered. Regardless, if Mr. Kaeding’s objections were considered, they give no reason to
think that the Report and Recommendation might be flawed or would not withstand de novo
review.
           CASE 0:21-cr-00169-ECT-JFD Doc. 185 Filed 02/14/24 Page 2 of 2



      3.      Defendant’s Motion to Suppress Evidence Obtained as a Result of Search and

Seizure [ECF No. 78] is DENIED; and

      4.      Defendant’s Motion to Suppress Evidence Obtained by Grand Jury Subpoena

Duces Tecum [ECF No. 74] is DENIED.


Dated: February 14, 2024               s/ Eric C. Tostrud
                                       Eric C. Tostrud
                                       United States District Court




                                           2

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