Opinion
6:24-CR-47-REW-HAI
08-19-2024
UNITED STATES OF AMERICA, Plaintiff, v. SHAWN K. CURRY, Defendant.
ORDER
ROBERT E. WIER, UNITED STATES DISTRICT JUDGE
After conducting Rule 11 proceedings, see DE 7 (Minute Entry), United States Magistrate Judge Hanly A. Ingram recommended that the undersigned accept Defendant Shawn K. Curry's guilty plea and adjudge him guilty of the Information. See DE 6 (Information); DE 10 at 2 (Recommendation of Acceptance of Guilty Plea). Judge Ingram expressly informed Curry of his right to object to the recommendation and secure de novo review from the undersigned. See DE 10 at 3. The established objection period has passed, and no party has objected.
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) (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.'”) (quoting Kensu v. Haigh, 87 F.3d 172, 176 (6th Cir. 1996) (quote brackets simplified)); United States v. Olano, 133 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, with no objection from any party and on full review of the record, ORDERS as follows:
1. The Court ADOPTS DE 10, ACCEPTS Curry's guilty plea, and ADJUDGES Curry guilty of the Information; and
2. The Court will issue a separate sentencing order.
Subject to intervening orders, Curry will remain on bond pending sentencing, preserving his status following Judge Ingram's Order setting conditions of release. See DE 11. This does not appear to be a mandatory detention case under § 3143, and (per the parties' positions and Judge Ingram's processing) Curry will remain under the DE 11 release terms pending sentencing, absent an intervening order.