Opinion
No. 6:20-CR-25-REW-HAI
10-09-2020
UNITED STATES OF AMERICA, Plaintiff, v. JASON JAMES MOORE, aka JASON C. MOORE, Defendant.
ORDER
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After conducting Rule 11 proceedings, Judge Ingram recommended that the undersigned accept Defendant Jason James Moore's guilty plea and adjudge him guilty of the offense charged in Count One of the Indictment and the forfeiture allegation of the Indictment. DE 26 (Minute Entry). See also DE 25-1 (Plea Agreement). Judge Ingram expressly informed Defendant of his right to object to the recommendation and to secure de novo review. See DE 27 at 3. Defendant does not object to Judge Ingram's recommendation. DE 28. The United States did not object.
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 27, ACCEPTS Moore's guilty plea, and ADJUDGES him guilty of Count One of the Indictment (DE 1);
2. Further, per Judge Ingram's recommendation (DE 27 ¶ 4) and Defendant's agreement (DE 25-1 ¶ 10), the Court provisionally FINDS that Moore has an interest in the property identified in the operative indictment (DE 1 (the forfeiture enumeration)) and preliminarily ADJUDGES Defendant's interest in such property FORFEITED. Under Criminal Rule 32.2, and absent pre-judgment objection, "the preliminary forfeiture order becomes final as to" Defendant at sentencing. Fed. R. Crim. P. 32.2(b)(4)(A). The Court will further address forfeiture at that time, see id. at (b)(4)(B); and
3. The Court will issue a separate sentencing order.
At the hearing, Judge Ingram remanded Moore to custody. See DE 26. The Court, thus, sees no need to further address detention at this time.
This the 9th day of October, 2020.
Signed By:
Robert E . Wier
United States District Judge