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U.S. v. Simpson, 6:18-CR-18-REW-HAI. (2019)

Court: District Court, E.D. Kentucky Number: infdco20190521c24 Visitors: 13
Filed: May 20, 2019
Latest Update: May 20, 2019
Summary: ORDER ROBERT E. WIER , District Judge . This matter is before the Court on the Recommended Disposition (DE #107) of United States Magistrate Judge Hanly A. Ingram, addressing Defendant Tyler Simpson's guilty plea to a lesser-included offense under Count 1 of the Superseding Indictment (DE #20). Defendant appeared before Judge Ingram on May 13, 2019. See DE #106 (Minutes). After consenting to plead before a United States Magistrate Judge ( see DE #108) and engaging in the full colloquy re
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ORDER

This matter is before the Court on the Recommended Disposition (DE #107) of United States Magistrate Judge Hanly A. Ingram, addressing Defendant Tyler Simpson's guilty plea to a lesser-included offense under Count 1 of the Superseding Indictment (DE #20). Defendant appeared before Judge Ingram on May 13, 2019. See DE #106 (Minutes). After consenting to plead before a United States Magistrate Judge (see DE #108) and engaging in the full colloquy required by Rule 11, Simpson proceeded to plead guilty to the lesser-included offense under Count 1 of DE #20 (specifically, conspiracy to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, see DE #109 ¶ 1). See DE #107 at ¶¶ 1-2. Judge Ingram found Defendant competent to plead and concluded that Defendant did so in a knowing and voluntary fashion; he further found that an adequate factual basis supported the plea as to each essential element of the applicable charge. Id. at ¶¶ 2-3. Accordingly, Judge Ingram recommended the Court accept Defendant's plea and adjudge him guilty of the Count 1 lesser-included offense. Id. at ¶ 4. Judge Ingram deferred acceptance of the plea agreement pending consideration attendant to final sentencing. Id. at ¶ 5.

Per DE #107, Judge Ingram permitted the parties three days to object to the Recommendation. Id. at 3. No party objected, and the time to do so has now passed. While this Court reviews de novo those portions of a Report and Recommendation to which a party objects, see 28 U.S.C. § 636(b)(1), it is not required to "review . . . a magistrate [judge]'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). Where the parties do not object to the magistrate judge's recommended disposition, they waive any right to review. See Fed. R. Crim. P 59(b)(2); United States v. White, 874 F.3d 490, 495 (6th Cir. 2017) ("When a party . . . fails to lodge a specific objection to a particular aspect of a magistrate judge's report and recommendation, we consider that issue forfeited on appeal."); see also United States v. Branch, 537 F.3d 582, 587 (6th Cir. 2008) (noting that "[t]he law in this Circuit is clear" that a party who fails to object to a magistrate judge's recommendation forfeits his right to appeal its adoption).

The Court thus ADOPTS the Recommended Disposition (DE #107), accepts Simpson's guilty plea, and ADJUDGES him guilty of the identified lesser-included offense under Count 1 of the Superseding Indictment. The Court further formally CANCELS the jury trial as to this Defendant. An Order scheduling Defendant's sentencing will follow.

Source:  Leagle

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