February 11, 2015
UNITED STATES OF AMERICA, Plaintiff,
MICHAEL KNAPP, et al. Defendants.
ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT OF FINDINGS AND RECOMMENDATION ON MOTION TO DISMISS (DKT. ##34, 47)
ANDREW P. GORDON UNITED STATES DISTRICT JUDGE
Defendant Michael Knapp filed a Motion to Dismiss the Indictment for Outrageous Government Conduct. (Dkt. #34.) On November 7, 2014 Magistrate Judge Leen entered her Report of Findings and Recommendation (Dkt #47) recommending that the motion be denied. Mr. Knapp filed an Objection (Dkt. #56) and the Government filed a Response (Dkt. #58). I have conducted a de novo review of the issues pursuant to Local Rule IB 3-2. Magistrate Judge Leen's Report of Findings and Recommendation sets forth the proper legal and factual bases for the decision, and thoroughly analyzes the issues. I have only one disagreement with her Report: the sentence at 24:28-25:2 of the Report should read: "However, the court's review of the transcripts does not establish that the ATF engaged in outrageous government conduct which threatened or coerced Knapp to engage in a fictional stash house home invasion robbery." (emphasis added). It appears that the absence of the word "not" was an unintentional omission; adding that word makes the sentence fit with the context of the rest of that paragraph. Otherwise, I agree with Magistrate Judge Leen's Report in its entirety. Therefore,
IT IS HEREBY ORDERED that the Magistrate Judge's Report of Findings and Recommendation (Dkt. #47) is accepted and approved in its entirety. Defendant's Motion to Dismiss (Dkt. #34) is DENIED.