REPORT AND RECOMMENDATION MARK A. ROBERTS , Magistrate Judge . On December 28, 2018, the above-named defendant appeared before the undersigned United States Magistrate Judge by consent and, pursuant to Federal Rule of Criminal Procedure 11, pleaded guilty to Count 1 of the Indictment, Possession of a Firearm by a Felon, in violation of 18 U.S.C. Sections 922(g)(1) and 924(a)(2). After cautioning and examining Defendant under oath concerning each of the subjects mentioned in Rule 11, I...
REPORT AND RECOMMENDATION MARK A. ROBERTS , Magistrate Judge . On December 28, 2018, the above-named defendant appeared before the undersigned United States Magistrate Judge by consent and, pursuant to Federal Rule of Criminal Procedure 11, pleaded guilty to Count 2 of the Indictment, Distribution of Heroin, in violation of 21 U.S.C. Sections 841(a)(1), 841(b)(1)(C), and 851. After cautioning and examining Defendant under oath concerning each of the subjects mentioned in Rule 11, I...
REPORT AND RECOMMENDATION KELLY K.E. MAHONEY , Chief Magistrate Judge . Defendant Terry Allen Fife II moves to suppress videos and photos depicting nude images of minors that were first found on his computer hard drive by his friends and family. Doc. 41. After one of his friends gave the hard drive to a police officer, the officer waited six months before obtaining a search warrant for the hard drive. Fife argues that this six-month delay rendered the hard drive unreasonably seized in...
REPORT AND RECOMMENDATION KELLY K.E. MAHONEY , Chief Magistrate Judge . On December 20, 2018, the above-named Defendant, Fernando Flores-Gonzalez, appeared before the undersigned United States Magistrate Judge by consent and, pursuant to Federal Rule of Criminal Procedure 11, pleaded guilty to Count 1 of the Indictment (Doc. 2). After cautioning and examining Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that Defendant's decision to plead guilty...
REPORT AND RECOMMENDATION MARK A. ROBERTS , Magistrate Judge . On December 21, 2018, the above-named defendant appeared before the undersigned United States Magistrate Judge by consent and, pursuant to Federal Rule of Criminal Procedure 11, pleaded guilty to Count 2 of the Indictment, Use of a Communication Facility to Commit a Felony Drug Crime, in violation of 21 U.S.C. Section 843(b). After cautioning and examining Defendant under oath concerning each of the subjects mentioned in Rule...
REPORT AND RECOMMENDATION MARK A. ROBERTS , Magistrate Judge . On December 20, 2018, the above-named defendant appeared before the undersigned United States Magistrate Judge by consent and, pursuant to Federal Rule of Criminal Procedure 11, pleaded guilty to Count 1 of the Information, Wire Fraud, in violation of 18 U.S.C. Section 1343. After cautioning and examining Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that Defendant's decision to plead...
REPORT AND RECOMMENDATION MARK A. ROBERTS , Magistrate Judge . On December 19, 2018, the above-named defendant appeared before the undersigned United States Magistrate Judge by consent and, pursuant to Federal Rule of Criminal Procedure 11, pleaded guilty to Count 1 of the Indictment, Conspiracy to Distribute a Controlled Substance, in violation of 21 U.S.C. Sections 841(a)(1), 841(b)(1)(A), 846 and 851, and Count 5 of the Indictment, Possession of Firearm by a Felon in violation of 18 U.S....
REPORT AND RECOMMENDATION Fed. R. Crim. P. 11(c)(1)(C) KELLY K.E. MAHONEY , Chief Magistrate Judge . On December 19, 2018, the above-named Defendant appeared before the undersigned United States Magistrate Judge by consent (Doc. 17) and, pursuant to Federal Rule of Criminal Procedure 11, pleaded guilty to Count 1 of the Indictment (Doc. 2). After cautioning and examining Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that Defendant's decision to...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY KELLY K.E. MAHONEY , Chief Magistrate Judge . On December 12, 2018, the above-named Defendant, Enrique Garcia-Dormes, by consent (Doc. 11), appeared before the undersigned United States Magistrate Judge pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to Count 1 of the Indictment (Doc. 1). After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, the court...
REPORT AND RECOMMENDATION KELLY K.E. MAHONEY , Chief Magistrate Judge . On December 17, 2018, the above-named Defendant, Melvin John Begay, appeared before the undersigned United States Magistrate Judge by consent (Doc. 24) and, pursuant to Federal Rule of Criminal Procedure 11, pleaded guilty to Counts 1, 2, and 3 of the Indictment (Doc. 1). Doc. 25. After cautioning and examining Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that Defendant's...
REPORT AND RECOMMENDATION KELLY K.E. MAHONEY , Chief Magistrate Judge . On December 17, 2018, the above-named Defendant, Ernesto Bedolla, appeared before the undersigned United States Magistrate Judge by consent (Doc. 21) and, pursuant to Federal Rule of Criminal Procedure 11, pleaded guilty to Count 1 of the Indictment (Doc. 1). After cautioning and examining Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that Defendant's decision to plead guilty...
ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA C.J. WILLIAMS , Magistrate Judge . I. INTRODUCTION AND BACKGROUND On November 8, 2018, a one-count Indictment was filed against defendant. On December 5, 2018, defendant appeared before United States Magistrate Judge Mark Roberts and entered a plea of guilty to count one of the Indictment. On December 6, 2018, Judge Roberts filed a Report and Recommendation in which he recommended that defendant's...
REPORT AND RECOMMENDATION MARK A. ROBERTS , Magistrate Judge . On December 5, 2018, the above-named defendant appeared before the undersigned United States Magistrate Judge by consent and, pursuant to Federal Rule of Criminal Procedure 11, pleaded guilty to Count 1 of the Indictment, Found after Illegal Re-Entry, in violation of 8 U.S.C. Section 1326(a). After cautioning and examining Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that Defendant's...
ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA C.J. WILLIAMS , Magistrate Judge . I. INTRODUCTION AND BACKGROUND On January 18, 2017, a one-count Indictment was filed against defendant. On December 7, 2018, defendant appeared before United States Magistrate Judge Mark Roberts and entered a plea of guilty to count one of the Indictment. On December 11, 2018, Judge Roberts filed a Report and Recommendation in which he recommended that defendant's...
REPORT AND RECOMMENDATION MARK A. ROBERTS , Magistrate Judge . On December 7, 2018, the above-named defendant appeared before the undersigned United States Magistrate Judge by consent and, pursuant to Federal Rule of Criminal Procedure 11, pleaded guilty to Count 1 of the Indictment, Possession with Intent to Distribute a Controlled Substance, in violation of 21 U.S.C. Sections 841(a)(1) and 841(b)(1)(B). After cautioning and examining Defendant under oath concerning each of the subjects...
ORDER MARK A. ROBERTS , Magistrate Judge . The matter before the court is Defendant's Motion for Confidentiality and Protective Order filed December 5, 2018. (Doc. 41). Also before the Court is Plaintiff's Response to Defendant's Motion for Confidentiality and Protective Order filed December 14, 2018. (Doc. 42). DISCUSSION Defendant seeks to protect from unnecessary disclosure beyond this litigation items it considers confidential and proprietary, including policies and procedures, job...
OPINION AND ORDER REGARDING DEFENDANT EMORAL'S MOTION FOR SUMMARY JUDGMENT MARK W. BENNETT , District Judge . I. INTRODUCTION In this case, plaintiff Marlin Herbst alleges that he suffers from bronchiolitis obliterans (aka "popcorn lung") and/or other lung or respiratory diseases or impairments from working with butter flavorings containing diacetyl at the American Popcorn Company (APC) plant in Sioux City, Iowa, between 1991 and August 1993. On January 27, 2017, Herbst brought products...
MEMORANDUM OPINION AND ORDER ON MOTION FOR JUDGMENT ON THE PLEADINGS LEONARD T. STRAND , Chief District Judge . I. INTRODUCTION This matter is before me on defendant Ben Smith's motion (Doc. No. 28) for judgment on the pleadings. Plaintiff Anna Richter has filed a resistance (Doc. No. 29) and Smith has replied (Doc. No. 32). Oral argument is not necessary. See N.D. Iowa L.R. 7(c). II. PROCEDURAL HISTORY Richter commenced this action on July 7, 2016, by filing a complaint and jury...
ORDER C.J. Williams , United States District Judge . This matter is before the Court on cross motions for a determination of the applicable body of law. (Docs. 69, 70). The parties timely filed resistances to the opposing party's motion. (Docs. 73, 74; see also Doc. 67 (setting scheduling order deadlines, including the deadlines for briefing the choice of law issues)). For the following reasons, the Court finds that Iowa law is to govern this case. I. PROCEDURAL AND FACTUAL BACKGROUND...
ORDER ACCEPTING MAGISTRATE JUDGE'S RULE 11(c)(1)(C) REPORT AND RECOMMENDATION REGARDING DEFENDANT'S GUILTY PLEA LEONARD T. STRAND , Chief District Judge . I. BACKGROUND On September 19, 2018, a three-count superseding indictment was filed against defendant. On December 3, 2018, defendant appeared before the Honorable Kelly K.E. Mahoney, United States Magistrate Judge, and entered a plea of guilty to Counts 1, 2 and 3 of the superseding indictment. On December 4, 2018, Judge Mahoney filed...
