USA v. Thoms et al

Filing 182

Final Report and Recommendation, Memorandum Opinion

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA

UNITED STATES OF AMERICA
Plaintiff,
vs.
TRACE RAE THOMS, and
JENNIFER ANNE THOMS,

3:10-cr-069-JWS-JDR
FINAL
RECOMMENDATION
REGARDING
MOTION TO SUPPRESS
(Docket No. 57)

Defendants.

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.

DATED this 31st day of March, 2011, at Anchorage, Alaska.

/s/ John D. Roberts
JOHN D. ROBERTS
United States Magistrate Judge

10-cr-069-JWS-JDR THOMS, Trace @57 FINAL RR Re Motion to Suppress.wpd

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