Opinion
Case Number 09-20536-19-BC
08-11-2011
UNITED STATES OF AMERICA, Plaintiff, v. ANDREW CARDENAS, Defendant.
Honorable Thomas L. Ludington
ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING
DEFENDANT'S PLEA OF GUILTY AS TO COUNT 2 OF THE SECOND
SUPERSEDING INDICTMENT, AND TAKING THE RULE 11 PLEA AGREEMENT
UNDER ADVISEMENT
A plea hearing was conducted on July 20, 2011 by United States Magistrate Judge Charles E. Binder pursuant to the Defendant's consent. Judge Binder issued his report on July 21, 2011, recommending acceptance of Defendant's guilty plea. Either party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of the report and recommendations. 28 U.S.C. § 636(b)(1). The district court will make a "de novo determination of those portions of the report . . . to which objection is made." Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. Thomas v. Arn, 474 U.S. 140, 149-52 (1985).
Accordingly, it is ORDERED that Judge Binder's report and recommendation [Dkt # 410] is ADOPTED.
It is further ORDERED that the defendant's guilty plea as to count 2 of the second superseding indictment is ACCEPTED, and the Rule 11 Plea Agreement [Dkt. # 409] is taken UNDER ADVISEMENT.
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 August 11, 2011.
TRACY A. JACOBS