United States v. Lindgren

857 F. Supp. 2d 806, 2011 WL 4597495, 2011 U.S. Dist. LEXIS 114025
CourtDistrict Court, N.D. Iowa
DecidedOctober 3, 2011
DocketNo. CR11-4076-MWB
StatusPublished

This text of 857 F. Supp. 2d 806 (United States v. Lindgren) is published on Counsel Stack Legal Research, covering District Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Lindgren, 857 F. Supp. 2d 806, 2011 WL 4597495, 2011 U.S. Dist. LEXIS 114025 (N.D. Iowa 2011).

Opinion

ORDER CONCERNING MAGISTRATE’S REPORT AND RECOMMENDATION REGARDING DEFENDANT’S MOTION TO SUPPRESS

MARK W. BENNETT, District Judge.

I. INTRODUCTION AND BACKGROUND

On January 19, 2011, defendant Daniel Lindgren was charged in an indictment with possessing child pornography, in violation of 18 U.S.C. §§ 2252A(a)(5)(B) and 2252A(b) (2). Defendant Lindgren filed a Motion to Suppress in which he seeks to suppress statements he made to law enforcement officers on the ground that his statements were obtained without his having been informed of his constitutional rights as required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The prosecution filed a timely resistance to defendants’ motion.

Defendant Linsgren’s Motion to Suppress was referred to Chief United States Magistrate Judge Paul A. Zoss, pursuant to 28 U.S.C. § 636(b). Judge Zoss conducted a hearing and then filed a Report and Recommendation in which he recommends Lindgren’s motion to suppress be denied. Judge Zoss concluded defendant Lindgren was not in custody at the time of the questioning and, therefore, the fact that Miranda warning were not given does not bar the use of defendant Lindgren’s statements at trial. Judge Zoss recommended that defendant Lindgren’s Motion [809]*809to Suppress be denied. Neither the prosecution nor Lindgren have filed objections to Judge Zoss’s Report and Recommendation.

II. LEGAL ANALYSIS

The court reviews the magistrate judge’s report and recommendation pursuant to the statutory standards found in 28 U.S.C. § 636(b)(1):

A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions.

28 U.S.C. § 636(b)(1) (2006); see Fed. R. Civ.P. 72(b) (stating identical requirements); N.D. IA. L.R. 7.1 (allowing the referral of dispositive matters to a magistrate judge but not articulating any standards to review the magistrate judge’s report and recommendation). While examining these statutory standards, the United States Supreme Court explained:

Any party that desires plenary consideration by the Article III judge of any issue need only ask. Moreover, while the statute does not require the judge to review an issue de novo if no objections are filed, it does not preclude further review by the district judge, sua sponte or at the request of a party, under a de novo or any other standard.

Thomas v. Arn, 474 U.S. 140, 154, 106 S. Ct. 466, 88 L.Ed.2d 435 (1985). Thus, a district court may review de novo any issue in a magistrate judge’s report and recommendation at any time. Id. If a party files an objection to the magistrate judge’s report and recommendation, however, the district court must “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1). In the absence of an objection, the district court is not required “to give any more consideration to the magistrate’s report than the court considers appropriate.” Thomas, 474 U.S. at 150, 106 S.Ct. 466.

In this case, no objections have been filed. As a result, the court has reviewed the magistrate judge’s report and recommendation under a clearly erroneous standard of review. See Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir.1996) (noting when no objections are filed and the time for filing objections has expired, “[the district court judge] would only have to review the findings of the magistrate judge for clear error”); Taylor v. Farrier, 910 F.2d 518, 520 (8th Cir.1990) (noting the advisory committee’s note to Fed.R.Civ.P. 72(b) indicates “when no timely objection is filed the court need only satisfy itself that there is no clear error on the face of the record”). After conducting its review, the court is not “ ‘left with [a] definite and firm conviction that a mistake has been committed,’ ” and finds no reason to reject or modify the magistrate judge’s recommendation. Anderson v. City of Bessemer City, 470 U.S. 564, 573-74, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985) (quoting United States v. U.S. Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 525, 92 L.Ed. 746 (1948)). Therefore, the court accepts Judge Zoss’s Report and Recommendation and orders that defendant Lindgren’s Motion to Suppress is denied.

IT IS SO ORDERED.

REPORT AND RECOMMENDATION ON MOTION TO SUPPRESS

PAUL A. ZOSS, United States Chief Magistrate Judge.

The defendant Daniel Lindgren is charged in an indictment with knowingly [810]*810possessing and attempting to possess visual depictions of minors engaged in sexually explicit conduct, in violation of 18 U.S.C. §§ 2252A(a)(5)(B) and 2252A(b)(2). See Doc. No. 2. Lindgren has filed a motion to suppress (Doc. No. 10) in which he asserts that statements he made to law enforcement officers during two interrogations, one in 2008 and a second in 2010, should be suppressed because he was not given Miranda1 warnings before the interrogations. Doc. No. 10-1 at 3. The plaintiff (the “Government”) has resisted the motion. Doc. No. 18. The Trial Management Order assigns motions to suppress to the undersigned to conduct any necessary evidentiary hearing, and to prepare a report on, and recommended disposition of, the motion. See Doc. No. 8, § IV.A.

On August 22, 2011, the court held a hearing on the motion. Assistant U.S. Attorney Timothy Duax appeared on behalf of the Government, and Lindgren appeared personally with his attorney, Michael Smart.

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Cite This Page — Counsel Stack

Bluebook (online)
857 F. Supp. 2d 806, 2011 WL 4597495, 2011 U.S. Dist. LEXIS 114025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lindgren-iand-2011.