Opinion
Case Number: 13-20444
2013-10-07
UNITED STATES OF AMERICA, Plaintiff, v. CRISTOBAL AUGUSTIN-MIRANDA, Defendant.
Honorable Thomas L. Ludington
Magistrate Judge Charles E. Binder
ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING
DEFENDANT'S PLEA OF GUILTY, AND TAKING THE RULE 11 PLEA
AGREEMENT UNDER ADVISEMENT
On September 17, 2013, United States Magistrate Judge Charles E. Binder conducted a plea hearing pursuant to Defendant's consent. The magistrate judge issued his report the same day, recommending that this Court accept Defendant's plea of guilty. ECF No. 16. Although the magistrate judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, neither Plaintiff nor Defendant filed any objections. The election to not file objections to the magistrate judge's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and recommendation waives any further right to appeal.
Accordingly, it is ORDERED that the magistrate judge's report and recommendation, ECF No. 16, is ADOPTED.
It is further ORDERED that Defendant's plea of guilty is ACCEPTED, and the Rule 11 Plea Agreement, ECF No. 14, is taken UNDER ADVISEMENT.
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THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on October 7, 2013.
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TRACY A. JACOBS