UNITED STATES OF AMERICA v. MARIO JOSEPH DELEON (2024)

ORDER OVERRULING OBJECTION TO REPORT AND RECOMMENDATION AND DENYING MOTION TO DISMISS

Defendant Mario Joseph DeLeon has moved to dismiss the indictment against him.¹ The Court referred Defendant's Motion to Dismiss to U.S. Magistrate Judge Anne T. Berton,² who issued a Report and Recommendation advising the Court to deny the Motion.³

Defendant has timely objected to Judge Berton's Report and Recommendation.⁴ The Court has therefore reviewed the Report and Recommendation de novo.⁵

Having carefully considered both the Report and Recommendation and Defendant's Objections thereto, the Court accepts the Report and Recommendation in full. The Court also separately concludes that the Government's historical analogues suffice to establish that 18 U.S.C. § 922(g)(1) is constitutional under the historical standard that the Supreme Court articulated in Bruen.⁶

The Court therefore OVERRULES “Defendant's Objections to Magistrate Judge's Report and Recommendation” (ECF No. 60) and ACCEPTS Judge Berton's “Report and Recommendation” (ECF No. 59) IN FULL.

Accordingly, the Court DENIES “Defendant's Motion to Dismiss” (ECF No. 21).

The Court SETS this case for TRIAL on June 17, 2024.

So ORDERED and SIGNED this 6th day of May 2024.

FOOTNOTES

1.   Mot., ECF No. 21.

2.   Referral Order, ECF No. 58.

3.   R. & R., ECF No. 59.

4.   Objs., ECF No. 60.

5.   See 28 U.S.C. § 636(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendation to which objection is made.”).

6.   See Resp., ECF No. 27, at 12–23.

DAVID C. GUADERRAMA SENIOR U.S. DISTRICT JUDGE