USA v. Holyfield et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
TYRONE HAMPTON,
Defendant.
Case No. 3:22-cr-00084-JMK
ORDER ADOPTING REPORTS
AND RECOMMENDATIONS
Before the Court are Mr. Hampton’s Motions to (1) Suppress at Docket 208,
(2) Dismiss at Docket 214, and Dismiss at Docket 266. Mr. Hampton is a self-represented
defendant. 	The 	motions 	were 	collectively 	referred 	to 	the 	Honorable 	Magistrate
Judge Matthew M. Scoble.
The Government responded in opposition to Mr. Hampton’s Motion to
Suppress at Docket 213. 	Judge Scoble issued his Final Report and Recommendation at
Docket 254, in which he recommended that the motion be denied. Mr. Hampton filed an
objection the Final Report and Recommendation at Docket 265.
The Government responded in opposition to Mr. Hampton’s Docket 214
Motion 	to 	Dismiss 	at 	Docket 	220. 	Judge 	Scoble 	issued 	his 	Final 	Report 	and
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United States v. Hampton 	Case No. 3:22-cr-00084-JMK
Order Adopting Reports and Recommendations 	Page 2
Recommendation at Docket 256, in which he recommended that the motion be denied. No
objections were filed.
The Government responded in opposition to Mr. Hampton’s Docket 266
Motion 	to 	Dismiss 	at 	Docket 	273. 	Judge 	Scoble 	issued 	his 	Final 	Report 	and
Recommendation at Docket 278, in which he recommended that the motion be denied. No
objections were filed.
These matters are now before this Court pursuant to 28 U.S.C. § 636(b)(1).
That statute provides that a district court “may accept, reject, or modify, in whole or in part,
the findings or recommendations made by the magistrate judge.”1 A court is to “make a
de novo determination of those portions of the magistrate judge’s report or specified
proposed findings or recommendations to which objection is made.”2 But as to those topics
on which no objections are filed, “[n]either the Constitution nor [28 U.S.C. § 636(b)(1)]
requires a district judge to review, de novo, findings and recommendations that the parties
themselves accept as correct.”3
Mr. 	Hampton 	objects 	to 	the 	Final 	Report 	and 	Recommendation 	at
Docket 254 addressing the Motion to Suppress on factual grounds. Mr. Hampton asserts
that the Final Report and Recommendation misstates the factual background as to the two
intercepted packages and the related search warrants.4 	The Court has reviewed all the
1 28 U.S.C. § 636(b)(1)(C).
2 Id.
3 United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003); see also Thomas v.
Arn, 474 U.S. 140, 150 (1985) (“It does not appear that Congress intended to require district court
review of a magistrate’s factual or legal conclusions, under a de novo or any other standard, when
neither party objects to those findings.”).
4 Docket 266 at 1–5.
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exhibits provided with the Motion to Suppress, the Government’s Opposition, the Final
Report and Recommendation, and the Objection. The Court does not find either legal or
factual error.5 Accordingly, the Court ADOPTS the Final Report and Recommendation at
Docket 254, and the Motion to Suppress at Docket 208 is DENIED.
Final Reports and Recommendations at Dockets 256 and 278 recommended
that the Motions to Dismiss at Dockets 214 and 266 be DENIED. No objections were filed.
Regardless, the Court conducted de novo review and did not find error. Accordingly, the
Court ADOPTS the Final Reports and Recommendations at Docket 256 and 278, and the
Motions to Dismiss at Dockets 214 and 266 are DENIED.
IT IS SO ORDERED this 22nd day of September, 2023, at Anchorage,
Alaska.
/s/ Joshua M. Kindred
JOSHUA M. KINDRED
United States District Judge
5 United States v. Ramos, 65 F.4th 427, 434 (9th Cir. 2023) (articulating that “the district
court ha[s] no obligation to provide individualized analysis of each objection.”).
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