United States v. Steffens
Decision Date | 04 November 2019 |
Docket Number | No. 19-CR-4022-LTS-KEM,19-CR-4022-LTS-KEM |
Citation | 418 F.Supp.3d 337 |
Parties | UNITED STATES of America, Plaintiff, v. Patrick Layne STEFFENS and Jeremy William Lillich, Defendants. |
Court | U.S. District Court — Northern District of Iowa |
John H. Lammers, US Attorney's Office, Sioux City, IA, for Plaintiff.
Jim K. McGough, Omaha, NE, Michael Kirk Williams, Hinton, IA, for Defendants.
ORDER ON REPORT AND RECOMMENDATION
I. INTRODUCTION ...345
II. BACKGROUND ...345
III. APPLICABLE STANDARDS ...345
IV. DISCUSSION ...350
V. CONCLUSION ...375
I. INTRODUCTION
This matter is before me on a Report and Recommendation (R&R) by the Honorable Kelly K.E. Mahoney, Chief United States Magistrate Judge. Doc. No. 75. Judge Mahoney recommends that I (1) grant in part and deny in part Jeremy Lillich's motion to suppress evidence related to his first and second encounters with law enforcement (Doc. No. 27), (2) deny Patrick Steffens' motion to suppress (Doc. No. 50), (3) deny Lillich's motion to suppress related to the lack of Miranda warnings (Doc. No. 56) and (4) deny Lillich's motion to sever (Doc. No. 42).
II. BACKGROUND
On March 20, 2019, a grand jury returned an indictment (Doc. No. 3) charging defendants Steffens and Lillich with one count of conspiracy to distribute a controlled substance in violation of 21 U.S.C. §§ 546 and 541(a)(1) and one count of possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 541(a)(1). Lillich filed his first motion to suppress evidence (Doc. No. 27) on April 16, 2019, which was followed by a motion to sever the defendants' trial (Doc. No. 42) on May 8, 2019, and a second motion to suppress evidence (Doc. No. 56) on May 23, 2019. The Government resisted each of these motions. Doc. Nos. 41, 45, 67. Steffens also filed a motion to suppress evidence and request a Franks hearing (Doc. No. 50) on May 22, 2019. The Government resisted this motion as well. Doc. No. 58.
Judge Mahoney held an evidentiary and Franks hearing on the motions on June 20, 2019. During the hearing, Judge Mahoney received Government's Exhibits 1 through 6 and defendants' Exhibits A through C into evidence.1 She then issued her R&R on July 23, 2019. The Government (Doc. No. 84), Lillich (Doc. No. 85) and Steffens (Doc. No. 86) filed objections to the R&R on August 12, 2019.
Judge Mahoney made detailed factual findings in her R&R. Doc. No. 75 at 2–9. Only Lillich raises specific objections to the factual findings.2 See Doc. No. 85 at 4. Nonetheless, I adopt Judge Mahoney's factual findings as summarized in the R&R.
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