USA v. Davis-Jenkins, et al

1:21-cr-00176Ndd7 mar 2024

Testo completo

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America,
Plaintiff,
vs.
Devan Allen Howe,
Defendant.
Case No. 1:21-cr-00176
ORDER DENYING REQUEST FOR REVIEW
OF MAGISTRATE JUDGE’S DETENTION ORDER
[¶ 1] 	THIS MATTER comes before the Court on a Request for Review of Magistrate Judge’s
Detention Order filed by the Defendant on February 29, 2024. Doc. No. 358. The Defendant asks
the Court to vacate United States’ Magistrate Judge Clare R. Hochhalter’s Order (Doc. No. 356)
denying the Defendant’s Motion for Release from Custody. Id. The United States filed a Response
in opposition on March 6, 2024. Doc. No. 359.
[¶ 2] 	The Court has conducted a de novo review of the record, the Defendant’s request, and
Magistrate Judge Hochhalter’s Order. The Court agrees with the analysis and conclusion of
Magistrate Judge Hochhalter’s Order and hereby adopts it on this de novo review. See United
States v. Cook, 87 F.4th 920, 924-25 (8th Cir. 2023) (“If the district court agrees fully with the
magistrate’s order and reasons, it may adopt the order. Here, the district court reviewed the same
record and factual findings and agreed fully with the magistrate judge’s decision. Adopting that
decision ‘obviate[d] the need for the district court to prepare its own written findings of fact and
statement of reasons.’” (cleaned up) (quoting United States v. King, 849 F.2d 485, 490 (11th Cir.
Case 1:21-cr-00176-DLH Document 360 Filed 03/07/24 Page 1 of 2
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1988)). Accordingly, the Defendant’s Request for Review of Magistrate Judge’s Detention Order
is DENIED.
[¶ 3] 	IT IS SO ORDERED.
DATED March 7, 2024.
Daniel M. Traynor, District Judge
United States District Court
Case 1:21-cr-00176-DLH Document 360 Filed 03/07/24 Page 2 of 2

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