Opinion
1:22-cr-20559
09-05-2023
Honorable Patricia T. Morris United States Magistrate Judge.
ORDER ADOPTING REPORT AND RECOMMENDATION AND ACCEPTING GUILTY PLEA
Honorable Thomas L. Ludington United States District Judge.
Magistrate Judge Patricia T. Morris conducted a plea hearing upon Defendant Napoleon Riley's consent. ECF Nos. 21; 23. On August 17, 2023, Judge Morris issued a report recommending the acceptance of Defendant's guilty plea without a Rule 11 plea agreement. ECF No. 26. 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. 26, is ADOPTED.
Further, it is ORDERED that Defendant's guilty plea is ACCEPTED.