USA v. Morgan-Derosier

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
EASTERN DIVISION
United States of America, )
)
Plaintiff, ) ORDER ADOPTING REPORT AND
) RECOMENDATION
vs. )
) Case No. 3:22-cr-5
Nicholas James Morgan-Derosier, )
)
Defendant. )
Before the Court is a Report and Recommendation filed by United States Magistrate Judge Alice
R. Senechal. Doc. No. 115. A two-day evidentiary hearing on a motion to suppress (Doc. No. 69) was
held on May 3-4, 2023. Judge Senechal recommends denying Defendant Nicholas James Morgan-
Derosier’s motion to suppress. Doc. No. 115. The parties were given until July 6, 2023, to file objections
to the Report and Recommendation. Id. That deadline was then extended to July 12, 2023. Doc. No. 118.
On July 12, 2023, the Government filed a response, asking the Court to adopt the Report and
Recommendation. Doc. No. 123. That same day, Morgan-Derosier filed an objection to the Report and
Recommendation. Doc. No. 124.
The Court has reviewed the Report and Recommendation, the objections filed by Morgan-
Derosier, the response filed by the Government, and the record as a whole, and finds the Report and
Recommendation to be persuasive. Accordingly, the Court ADOPTS the Report and Recommendation
(Doc. No. 115) in its entirety. Morgan-Derosier’s motion to suppress (Doc. No. 69) is DENIED.
IT IS SO ORDERED.
Dated this 9th day of August, 2023.
/s/ Peter D. Welte
Peter D. Welte, Chief Judge
United States District Court
Case 3:22-cr-00005-PDW Document 130 Filed 08/09/23 Page 1 of 1