Opinion
No. 7:20-CR-18-REW
12-04-2020
UNITED STATES OF AMERICA, Plaintiff, v. SEAN HOLYS THARP, Defendant.
ORDER
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After conducting Rule 11 proceedings, see DE 28 (Minute Entry), Judge Atkins recommended that the undersigned accept Defendant Tharp's guilty plea and adjudge him guilty of Count 1 of the Indictment (DE 1). See DE 31 (Recommendation); see also DE 30 (Plea Agreement). Judge Atkins expressly informed Defendant of his right to object to the recommendation and to secure de novo review from the undersigned. See DE 31 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. 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").
The Court thus, with no objection from any party and on full review of the record, ORDERS as follows:
1. The Court ADOPTS DE 31, ACCEPTS Tharp's guilty plea, and ADJUDGES him guilty of Count 1 of the Indictment (DE 1);
2. Further, per Judge Atkins's unopposed recommendation and Defendant's agreement (DE 30 ¶ 9), the Court provisionally FINDS that the property identified in the operative indictment (DE 1 at 4) is forfeitable and that Tharp has an interest in said property, and preliminarily ADJUDGES Defendant's interest in such property FORFEITED. The Court need not await a motion by the Government, in this context. 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);
3. The Court GENERALLY CONTINUES the jury trial in this matter; and
4. The Court will issue a separate sentencing order.
At the hearing, Judge Atkins remanded Tharp to custody. See DE 28. The Court, thus, sees no need to further address detention, at this time.
This the 4th day of December, 2020.
Signed By:
Robert E . Wier
United States District Judge