Opinion
18-CR-20958-RAR/Becerra
11-09-2021
UNITED STATES OF AMERICA, v. GUNTER KARL SCHMITT, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION TO REDUCE SENTENCE
RODOLFO A. RUIZ II UNITED STATES DISTRICT JUDGE
THIS CAUSE comes before the Court upon Magistrate Judge Jacqueline Becerra's Report and Recommendation on Defendant's Motion for Reduction for Mitigating Role/U.S.S.G. App. C. amend. § 794, filed on October 22, 2021 [ECF No. 92] (“Report”). The Court has reviewed the Report and is otherwise fully advised in the premises.
A district court reviewing a magistrate judge's report and recommendation “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Macort v. Prem, Inc., 208 Fed.Appx. 781, 783-84 (11th Cir. 2006). The district court “may accept, reject or modify, in whole or in part, the findings of the recommendations made by the magistrate judge.” Id.; see also Fed. R. Crim. P. 59(b)(3); Thomas v. Arn, 474 U.S. 140, 149-50 (1985). “[I]n determining whether to accept, reject, or modify the magistrate's report and recommendations, the district court has the duty to conduct a careful and complete review.” Williams v. Wainwright, 681 F.2d 732, 732 (11th Cir. 1982) (quoting Nettles v. Wainwright, 677 F.2d 404, 408 (5th Cir. 1982)). Legal conclusions are subject to de novo review, even if no party specifically objects. See U.S. v. Keel, 164 Fed.Appx. 958, 961 (11th Cir. 2006); U.S. v. Warren, 687 F.2d 347, 348 (11th Cir. 1982).
Mindful of the standard of review, and having carefully reviewed the record, as well as specifically conducted a de novo review of the Report's legal conclusions, it is hereby
ORDERED AND ADJUDGED that Magistrate Judge Jacqueline Becerra's Report and Recommendation on Defendant's Motion for Reduction for Mitigating Role/U.S.S.G. App. C. amend. § 794 [ECF No. 92] is AFFIRMED AND ADOPTED. Accordingly, Defendant's Motion for Reduction [ECF No. 83] is DENIED.
DONE AND ORDERED.