UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA
March 31, 2011
UNITED STATES OF AMERICA
TRACE RAE THOMS, AND JENNIFER ANNE THOMS, DEFENDANTS.
The opinion of the court was delivered by: John D. Roberts United States Magistrate Judge
FINAL RECOMMENDATION REGARDING MOTION TO SUPPRESS (Docket No. 57)
In a recommendation filed at Docket 174, I advised that defendants' Motion to Suppress be granted/denied. The defendant Trace Thoms filed objections at Docket No. 176. Defendant Jennifer joined in the objections at Docket 177. The government filed a response. Docket No. 181. After careful review of the objections, I decline to modify the original recommendation. However, defendant Trace Thoms's objection that the court relied on United States v. Johns, 851 F.2d 1131 (9th Cir. 1988) for the standard of preponderance of evidence is inaccurate. "The defendant bears the burden of proving a violation under Franks by a preponderance of the evidence." Recommendation, p.3, "The instant case is unlike United States v. Johns." Recommendation, p.44.
The motion to Suppress lacks merit and should be denied. IT IS SO RECOMMENDED. Accordingly, this matter will be forwarded to the assigned district judge for his determination.
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