Filed: Dec. 12, 2017
Latest Update: Dec. 12, 2017
Summary: ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA LINDA R. READE , District Judge . I. INTRODUCTION AND BACKGROUND On May 2, 2017, a three-count Indictment was filed against Defendant Troy Postel-Vargason, also known as Troy Donovan Vargason in criminal matter 17-CR-2023-LRR. On November 21, 2017, a one-count Information was filed against Defendant in criminal matter 17-CR-2086. On November 27, 2017, Defendant appeared before United States Chief Mag
Summary: ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA LINDA R. READE , District Judge . I. INTRODUCTION AND BACKGROUND On May 2, 2017, a three-count Indictment was filed against Defendant Troy Postel-Vargason, also known as Troy Donovan Vargason in criminal matter 17-CR-2023-LRR. On November 21, 2017, a one-count Information was filed against Defendant in criminal matter 17-CR-2086. On November 27, 2017, Defendant appeared before United States Chief Magi..
More
ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA
LINDA R. READE, District Judge.
I. INTRODUCTION AND BACKGROUND
On May 2, 2017, a three-count Indictment was filed against Defendant Troy Postel-Vargason, also known as Troy Donovan Vargason in criminal matter 17-CR-2023-LRR. On November 21, 2017, a one-count Information was filed against Defendant in criminal matter 17-CR-2086. On November 27, 2017, Defendant appeared before United States Chief Magistrate Judge C.J. Williams and entered a plea of guilty to Counts 1, 2 and 3 of the Indictment and Count 1 of the Information. On November 27, 2017, Judge Williams filed a Report and Recommendation in which he recommended that Defendant's guilty pleas be accepted. No objections to Judge Williams's Report and Recommendation were filed. The court, therefore, undertakes the necessary review of Judge Williams's recommendation to accept Defendant's pleas in this case.
II. ANALYSIS
Pursuant to statute, this court's standard of review for a magistrate judge's report and recommendation is as follows:
A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.
28 U.S.C. § 636(b)(1). Similarly, Federal Rule of Criminal Procedure 59(b) provides for review of a magistrate judge's report and recommendation on dispositive motions, where objections are made, as follows:
The district judge must consider de novo any objection to the magistrate judge's recommendation. The district judge may accept, reject, or modify the recommendation, receive further evidence, or resubmit the matter to the magistrate judge with instructions.
Fed. R. Crim. P. 59(b)(3).1
In this case, no objections have been filed, and it appears to the court upon review of Judge Williams's findings and conclusions that there is no ground to reject or modify them. Therefore, the court ACCEPTS Judge Williams's Report and Recommendation of November 27, 2017, and ACCEPTS Defendant's pleas of guilty in this case to Counts 1, 2 and 3 of the Indictment and Count 1 of the Information.
IT IS SO ORDERED.
