Opinion
Case Number: 16-cr-20462
11-02-2016
UNITED STATES OF AMERICA, Plaintiff, v. JAY JULIUS MOULTRIE, Defendant.
Magistrate Judge Patricia T. Morris ORDER ADOPTING REPORT AND RECOMMENDATION , ACCEPTING DEFENDANT'S PLEA OF GUILTY, AND TAKING THE RULE 11 PLEA AGREEMENT UNDER ADVISEMENT
On October 14, 2016, United States Magistrate Judge Patricia T. Morris conducted a plea hearing pursuant to Defendant Matthew Crumbaugh's consent. The Magistrate Judge issued her report that same day, recommending that this Court accept Defendant's plea of guilty. For an unknown reason, the report was filed on the docket under two separate docket entries. See ECF Nos. 18, 20.
Although the Magistrate Judge's report explicitly stated that the parties to this action could object to and seek review of the recommendation within fourteen days of service of the report, neither Plaintiff nor Defendant filed any objections. The failure to file objections waives any right to appeal the magistrate judge'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 the Magistrate Judge's Report and Recommendation, ECF No. 20, is ADOPTED. The duplicate report, ECF No. 18, is REJECTED as moot.
It is further ORDERED that Defendant's plea of guilty is ACCEPTED, and the Rule 11 Plea Agreement, ECF No. 19, is taken UNDER ADVISEMENT. Dated: November 2, 2016
s/Thomas L. Ludington
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 November 2, 2016.
s/Michael A. Sian
MICHAEL A. SIAN, Case Manager