Opinion
No. 6:20-CR-42-REW-HAI
03-12-2021
UNITED STATES OF AMERICA, Plaintiff, v. JOHN PASTERNAK, Defendant.
ORDER
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After conducting Rule 11 proceedings, see DE 73 (Minute Entry), Judge Ingram recommended that the undersigned accept Defendant Pasternak's guilty plea and adjudge him guilty of Count One of the Indictment (DE 21). See DE 74 (Recommendation). Judge Ingram expressly informed Defendant of his right to object to the recommendation and to secure de novo review from the undersigned. See id. 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 74, ACCEPTS Pasternak's guilty plea, and ADJUDGES him guilty of Count One of the Indictment;
2. Further, per Judge Ingram's unopposed recommendation and Defendant's agreement (DE 72, ¶ 9), the Court provisionally FINDS that Pasternak has an interest in the monetary funds identified in the operative indictment (DE 21 at 5), 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). Further, given the inability to trace to specific assets, the requisites exist for a money judgment in this case;
3. The Court, as to this Defendant only, GENERALLY CONTINUES the jury trial in this matter;
4. The Court, seeing no evidence or argument from the parties and pursuant to 18 U.S.C. § 3143(a)(2), finds nothing overcoming the 18 U.S.C. § 3143(a)(2) detention mandate. [Defendant has not pursued the 18 U.S.C. § 3145(c) portal.] Therefore, the Court ORDERS that Mr. Pasternak report to the United States Marshals Service, at the London Courthouse, at 10:00 a.m. on March 26, 2021. He shall be remanded to custody pending sentencing; and
5. The Court will issue a separate sentencing order.
This the 12th day of March, 2021.
Signed By:
Robert E . Wier
United States District Judge