Opinion
1:23-cr-20225
02-29-2024
UNITED STATES OF AMERICA, Plaintiff, v. ANDREW JORDAN-RICHARD SIMMONS, 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
Honorable Thomas L. Ludington United States District Judge
On February 13, 2024, Magistrate Judge Patricia T. Morris conducted a plea hearing upon Defendant Andrew Jordan-Richard Simmons's consent. ECF Nos. 10; 13. The next day, Judge Morris issued a report recommending this Court accept Defendant's guilty plea. ECF No. 16. 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)).
ORDER
Accordingly, it is ORDERED that Judge Morris's Report and Recommendation, ECF No. 16, is ADOPTED.
Further, it is ORDERED that Defendant's guilty plea is ACCEPTED, and that the Rule 11 Plea Agreement, ECF No. 14, is TAKEN UNDER ADVISEMENT.