Opinion
1:21-cr-20085-01
06-14-2022
UNITED STATES OF AMERICA, Plaintiff, v. KYLE ROBERT HENEY, Defendant.
Honorable Patricia T. Morris, United States Magistrate Judge
ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING GUILTY PLEA, AND TAKING RULE 11 PLEA AGREEMENT UNDER ADVISEMENT
THOMAS L. LUDINGTON, UNITED STATES DISTRICT JUDGE
Magistrate Judge Patricia T. Morris conducted a plea hearing upon Defendant Kyle Robert Heney's consent. ECF No. 33. On May 23, 2022, Judge Morris issued her Report and Recommendation, recommending that this Court accept Defendant's guilty plea. ECF No. 35.
Although the Report states that the parties may object to and seek review of the recommendations within 14 days of service, neither Plaintiff nor Defendant filed any objections. Therefore, they have waived their right to appeal Judge Morris's findings that Defendant was competent to enter a plea and that the plea was entered knowingly, voluntarily, without coercion, and with a basis in fact. See FED. R. CRIM. P. 11(b); Thomas v. Arn, 474 U.S. 140, 149 (1985).
Accordingly, it is ORDERED that Judge Morris's Report and Recommendation, ECF No. 35, is ADOPTED.
Further, it is ORDERED that Defendant's guilty plea is ACCEPTED, and the Rule 11 Plea Agreement, ECF No. 33, is TAKEN UNDER ADVISEMENT.