Opinion
Case Number: 17-cr-20820
02-14-2018
UNITED STATES OF AMERICA, Plaintiff, v. DARYAN JOSEF STALLCUP, 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 January 25, 2018, United States Magistrate Judge Patricia T. Morris conducted a plea hearing pursuant to Defendant Daryan Josef Stallcup's consent. The magistrate judge issued her report on January 26, 2018, recommending that this Court accept Defendant's plea of guilty. ECF No. 25.
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. 25, is ADOPTED.
It is further ORDERED that Defendant's plea of guilty is ACCEPTED, and the Rule 11 Plea Agreement, ECF No. 23, is taken UNDER ADVISEMENT. Dated: February 14, 2018
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 February 14, 2018.
s/Kelly Winslow
KELLY WINSLOW, Case Manager