Opinion
2:22-cr-67-SPC-KCD
08-13-2024
UNITED STATES OF AMERICA v. LATREL JACKSON
ORDER
SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
Before the Court is Defendant Latrel Jackson's Amended Motion to Withdraw and/or Vacate Plea Agreement (Doc. 200) and United States Magistrate Judge Kyle C. Dudek's Amended Report and Recommendation (Doc. 204). Judge Dudek recommends denying the motion. No party objected, so the matter is ripe for review.
After conducting a careful and complete review of the findings and recommendations, a district judge “may accept, reject, or modify, in whole or in part,” the magistrate judge's Report and Recommendation. 28 U.S.C. § 636(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the Report and Recommendation de novo. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). Instead, when parties don't object, a district court need only correct plain error as demanded by the interests of justice. See, e.g., Symonette v. V.A. Leasing Corp., 648 Fed.Appx. 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140, 150-52 (1985). Plain error exists if (1) “an error occurred”; (2) “the error was plain”; (3) “it affected substantial rights”; and (4) “not correcting the error would seriously affect the fairness of the judicial proceedings.” Farley v. Nationwide Mut. Ins., 197 F.3d 1322, 1329 (11th Cir. 1999).
After careful consideration and an independent review of the case, the Court finds no plain error. It accepts and adopts the Report and Recommendation in full.
Accordingly, it is now
ORDERED:
1. United States Magistrate Judge Kyle C. Dudek's Amended Report and Recommendation (Doc. 204) is ACCEPTED and ADOPTED, and the findings are incorporated herein.
2. Defendant Latrel Jackson's Amended Motion to Withdraw and/or Vacate Plea Agreement (Doc. 200) is DENIED.
3. Sentencing remains set for August 19, 2024, at 10:00 AM in Fort Myers Courtroom 5D.
DONE AND ORDERED in Fort Myers, Florida on August 13, 2024.