Opinion
No. 6:19-CR-65-REW-HAI
09-15-2020
UNITED STATES OF AMERICA, Plaintiff, v. DAVID LEE BUTLER, aka Vito, Defendant.
ORDER
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After conducting Rule 11 proceedings, see DE 263 (Minute Entry), Judge Ingram recommended that the undersigned accept Defendant David Lee Butler's guilty plea and adjudge him guilty of Count One of the Second Superseding Indictment (DE 264, referencing DE 72); see also DE 222 (Plea Agreement). Judge Ingram expressly informed Defendant of his right to object to the recommendation and to secure de novo review from the undersigned. See DE 264 at 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. 66, 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's 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 264, ACCEPTS Butler's guilty plea, and ADJUDGES him guilty of Count One of the Second Superseding Indictment (DE 72);
2. Further, per Judge Ingram's recommendation, the Defendant disclaimed any interest in the property identified in the operative indictment (DE 264 ¶ 4) but conceded forfeitability pursuant to Defendant's agreement as to nexus (DE 222 ¶ 9). The Court finds the property forfeitable but notes that Butler disclaims. The Court preliminarily orders forfeiture subject to proper final findings as warranted by development in the record; and
3. The Court will issue a separate sentencing order.
At the hearing, Judge Ingram remanded Butler to custody. See DE 263. The Court, thus, sees no need to further address detention at this time.
This the 15th day of September, 2020.
Signed By:
Robert E . Wier
United States District Judge