Opinion
6:23-CR-63-REW-HAI
03-21-2024
UNITED STATES OF AMERICA, Plaintiff, v. MASON G. ALLEN, Defendant.
ORDER
ROBERT E. WIER, UNITED STATES DISTRICT JUDGE
After conducting Rule 11 proceedings, see DE 31 (Minute Entry), Judge Ingram recommended that the undersigned accept Defendant Mason G. Allen's guilty plea and adjudge him guilty of Count One of the Indictment, which is DE 1. See DE 32 (Recommendation); see also DE 33 (Plea Agreement).Judge Ingram expressly informed the Defendant of his right to object to the recommendation and to secure de novo review from the undersigned. See DE 32 at 2-3. The established three-day objection deadline has passed, and no party has objected.
The parties executed another plea agreement prior to the rearraignment. See DE 28 (First Plea Agreement). After the parties revised the agreement, Judge Ingram ordered the Government to file the revised plea agreement into the record. See DE 31 (Minute Entry). Allen pleaded under, and the Court will only consider, the revised plea agreement.
The Court is not required to “review . . . a magistrate[ judge]'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 Berkshire v. Dahl, 928 F.3d 520, 530 (6th Cir. 2019) (quoting Kensu v. Haigh, 87 F.3d 172, 176 (6th Cir. 1996)) (alterations adopted) (noting that the Sixth Circuit has “long held that, when a defendant does ‘not raise an argument in his objections to the magistrate judge's report and recommendation he has forfeited his right to raise this issue on appeal'”); United States v. Olano, 113 S.Ct. 1770, 1777 (1993) (distinguishing waiver and forfeiture); 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 32, ACCEPTS Defendant's guilty plea, and ADJUDGES Defendant guilty under Count One of the Indictment; and 2. The Court will issue a separate sentencing order.