Opinion
Criminal Action No. 6:18-CR-044-CHB-5
06-24-2019
UNITED STATES OF AMERICA, Plaintiff, v. BRANDON E. COLE, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
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After conducting proceedings under Rule 11, see [R. 117], United States Magistrate Judge Hanly A. Ingram recommended that the undersigned accept Brandon E. Cole's guilty plea and adjudge him guilty of Count 2 of the Indictment [R. 118]. The magistrate judge informed Defendant of his "right to object" to these recommendations and "to secure de novo review from" the undersigned. [R. 118 at pp. 2-3] Judge Ingram imposed a 3-day deadline for any objection. Id. That deadline has passed, and neither the Defendant nor the United States 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").
Accordingly, and the Court being otherwise advise, IT IS HEREBY ORDERED as follows:
1. The Court ADOPTS the Recommendation of Acceptance of Guilty Plea [R. 118], ACCEPTS Cole's guilty plea, and ADJUDGES him guilty of Count 2 of the Indictment to which he pleaded. The Court will issue a separate sentencing order.
This the 24th day of June, 2019.
/s/
CLARIA HORN BOOM,
UNITED STATES DISTRICT COURT JUDGE
EASTERN AND WESTERN DISTRICTS OF
KENTUCKY