United States v. Paiusi, 5:18-CR-81-REW-MAS. (2019)
Court: District Court, E.D. Kentucky
Number: infdco20191030g52
Visitors: 18
Filed: Oct. 25, 2019
Latest Update: Oct. 25, 2019
Summary: ORDER ROBERT E. WIER , District Judge . After conducting Rule 11 proceedings, see DE 380 (Minute Entry), Judge Stinnett recommended that the undersigned accept Defendant Paiusi's guilty plea and adjudge him guilty of Count 1 of the Superseding Indictment. See DE 383 (Recommendation); see also DE 382 (Plea Agreement); DE 249 (Superseding Indictment) at 7-29. Judge Stinnett expressly informed Defendant of his right to object to the recommendation and to secure de novo review from the
Summary: ORDER ROBERT E. WIER , District Judge . After conducting Rule 11 proceedings, see DE 380 (Minute Entry), Judge Stinnett recommended that the undersigned accept Defendant Paiusi's guilty plea and adjudge him guilty of Count 1 of the Superseding Indictment. See DE 383 (Recommendation); see also DE 382 (Plea Agreement); DE 249 (Superseding Indictment) at 7-29. Judge Stinnett expressly informed Defendant of his right to object to the recommendation and to secure de novo review from the ..
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ORDER
ROBERT E. WIER, District Judge.
After conducting Rule 11 proceedings, see DE 380 (Minute Entry), Judge Stinnett recommended that the undersigned accept Defendant Paiusi's guilty plea and adjudge him guilty of Count 1 of the Superseding Indictment. See DE 383 (Recommendation); see also DE 382 (Plea Agreement); DE 249 (Superseding Indictment) at ¶¶ 7-29. Judge Stinnett expressly informed Defendant of his right to object to the recommendation and to secure de novo review from the undersigned. See DE 383 at 2-3. The established, 3-day objection deadline has passed, and no party has objected.
The Court is not required to "review . . . a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings." Thomas v. Arn, 106 S.Ct. 466, 472 (1985); see also United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981) (holding that a failure to file objections to a magistrate judge's recommendation waives the right to appellate review); Fed. R. Crim. P. 59(b)(2)-(3) (limiting de novo review duty to "any objection" filed); 28 U.S.C. § 636(b)(1) (limiting de novo review duty to "those portions" of the recommendation "to which objection is made").
The Court thus, with no objection from any party and on full review of the record, ORDERS as follows:
1. The Court ADOPTS DE 383, ACCEPTS Paiusi's guilty plea, and ADJUDGES him guilty of Count 1 of the Superseding Indictment (DE 249 at ¶¶ 7-29);
2. The Court further preliminarily ADJUDGES forfeitable the property identified at ¶ 9 of DE 382, per the plea agreement and Defendant's concession of forfeitability at the rearraignment, see DE 380; and
3. The Court will issue a separate sentencing order.1
FootNotes
1. At the hearing, Judge Stinnett remanded Paiusi to custody. See DE 380. The Court, thus, sees no need to further address detention, at this time.
Source: Leagle
