Filed: Mar. 17, 2020
Latest Update: Mar. 17, 2020
Summary: ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA LINDA R. READE , District Judge . I. INTRODUCTION AND BACKGROUND On January 7, 2020, a one-count Second Superseding Indictment (docket no. 99) was filed against Defendant Jose Leonardo Alvarez. On March 13, 2020, Defendant appeared before United States Magistrate Judge Mark A. Roberts and entered a plea of guilty to Count 1 of the Second Superseding Indictment. On March 17, 2020, Judge Roberts filed
Summary: ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA LINDA R. READE , District Judge . I. INTRODUCTION AND BACKGROUND On January 7, 2020, a one-count Second Superseding Indictment (docket no. 99) was filed against Defendant Jose Leonardo Alvarez. On March 13, 2020, Defendant appeared before United States Magistrate Judge Mark A. Roberts and entered a plea of guilty to Count 1 of the Second Superseding Indictment. On March 17, 2020, Judge Roberts filed a..
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ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA
LINDA R. READE, District Judge.
I. INTRODUCTION AND BACKGROUND
On January 7, 2020, a one-count Second Superseding Indictment (docket no. 99) was filed against Defendant Jose Leonardo Alvarez. On March 13, 2020, Defendant appeared before United States Magistrate Judge Mark A. Roberts and entered a plea of guilty to Count 1 of the Second Superseding Indictment. On March 17, 2020, Judge Roberts filed a Report and Recommendation in which he recommended that the court accept Defendant's guilty plea. On the same date, both parties waived objections to the Report and Recommendation. The court, therefore, undertakes the necessary review of Judge Roberts's recommendation to accept Defendant's plea 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. Civ. P. 59(b)(3).1
In this case, the parties waived objections to the Report and Recommendation, and it appears to the court upon review of Judge Roberts's findings and conclusions that there is no ground to reject or modify them. Therefore, the court ACCEPTS Judge Roberts's Report and Recommendation of March 17, 2020, and ACCEPTS Defendant's plea of guilty to plea to Count 1 of the Second Superseding Indictment.
IT IS SO ORDERED.
