Opinion
1:23-cr-20370
09-06-2024
UNITED STATES OF AMERICA, Plaintiff, v. TORIANO SMITH, Defendant.
HONORABLE PATRICIA T. MORRIS UNITED STATES MAGISTRATE JUDGE
ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING GUILTY PLEA, TAKING RULE 11 PLEA AGREEMENT UNDER ADVISEMENT, AND DENYING MOTION TO SUPPRESS AS MOOT
THOMAS L. LUDINGTON UNITED STATES DISTRICT JUDGE
On January 30, 2024, Defendant Toriano Smith filed a motion to suppress, ECF No. 21. At Defendant's request, this Court adjourned the suppression hearing until April 16, 2024. ECF Nos. 26; 27. On April 16, 2024, the Parties appeared, but no hearing was held, as the Parties indicated Defendant's plea agreement was forthcoming.
On May 28, 2024, Defendant consented to enter a guilty plea. ECF No. 28. Accordingly, Defendant's plea hearing was scheduled for June 10, 2024 before Magistrate Judge Patricia T. Morris. ECF No. 30. On August 14, 2024, Judge Morris issued a report recommending this Court accept Defendant's guilty plea. ECF No. 33. 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. 33, is ADOPTED.
Further, it is ORDERED that Defendant's guilty plea is ACCEPTED, and that the Rule 11 Plea Agreement, ECF No. 31, is TAKEN UNDER ADVISEMENT.
Further, it is ORDERED that Defendant's Motion to Suppress, ECF No. 21, is DENIED AS MOOT.