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U.S. v. Peeples

Indictment Stands; 'Gerstein', 'McLaughlin', Prosecution in District Crime Committed

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DECISION AND ORDERINTRODUCTION

*1  On January 6, 2017, the United States of America filed a Criminal Complaint alleging that Defendant Joseph W. Peeples, III, robbed a bank in violation of 18 U.S.C. §2113(a). ECF No. 1. On February 23, 2017, the Grand Jury returned an indictment charging Peeples with one count of bank robbery, one count of entering a bank with intent to commit larceny, and one count of bank larceny in violation of 18 U.S.C. §§2113(a), (b). ECF No. 7. The next day, the case was referred to United States Magistrate Judge Jonathan W. Feldman for pre-trial matters and dispositive motions. ECF No. 8. On March 30, 2017, Peeples moved to suppress evidence obtained from his hotel room after his warrantless arrest and statements after his arrest, and he moved to dismiss the criminal complaint and the arrest warrant based on a number of alleged violations of the Federal Rules of Criminal Procedure. ECF Nos. 14, 48. Judge Feldman then held a suppression hearing and issued a report and recommendation (“R&R”), ECF No. 48, to which Peeples objected, ECF No. 51. Then, on January 22, 2018, the Court issued a Decision and Order adopting Judge Feldman’s R&R and denying Peeples’s motions. ECF No. 59.

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