Opinion
1:23-cr-20053-1
09-07-2023
UNITED STATES OF AMERICA, Plaintiff, v. BENJAMIN FRAZIER, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING GUILTY PLEA, AND TAKING RULE 11 PLEA AGREEMENT UNDER ADVISEMENT
Honorable Thomas L. Ludington United States District Judge
Honorable Patricia T. Morris
United States Magistrate Judge
Magistrate Judge Patricia T. Morris conducted a plea hearing upon Defendant Benjamin Frazier's consent. ECF Nos. 36; 40. On August 23, 2023, Judge Morris issued a report recommending the acceptance of Defendant's guilty plea. ECF No. 53. Judge Morris gave the Parties 14 days to object, but they did not do so. They have therefore forfeited their right to appeal Judge Morris's findings that Defendant was competent to enter a plea and did so knowingly, voluntarily, and with a basis in fact. See FED. R. CRIM. P. 11(b); Berkshire v. Dahl, 928 F.3d 520, 530-31 (6th Cir. 2019) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)).
Accordingly, it is ORDERED that Judge Morris's Report and Recommendation, ECF No. 53, is ADOPTED.
Further, it is ORDERED that Defendant's guilty plea is ACCEPTED, and that the Rule 11 Plea Agreement, ECF No. 50, is TAKEN UNDER ADVISEMENT.