While review of the R&R is de novo, the USMJ’s credibility determination on a motion to suppress is still entitled to deference. United States v. Angulo-Gomez, 2020 U.S. Dist. LEXIS 137199 (W.D. N.Y. Aug. 3, 2020).
The government argued that the look into a hotel bathroom during an arrest was valid as a protective sweep, but the District Court failed to make any findings on that. Remanded and submission vacated. United States v. Fischer, 2020 U.S. App. LEXIS 24404 (9th Cir. Aug. 3, 2020).*