Opinion
1:21-cr-20321
09-17-2021
UNITED STATES OF AMERICA, Plaintiff, v. NATHANIAL TESSNER, Defendant.
Patricia T. Morris, Magistrate Judge
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, ACCEPTING DEFENDANT'S PLEA OF GUILTY, AND TAKING RULE 11 PLEA AGREEMENT UNDER ADVISEMENT
THOMAS L. LUDINGTON, United States District Judge
On August 30, 2021, Magistrate Judge Patricia T. Morris conducted a plea hearing upon Defendant Nathanial Tessner's consent. Judge Morris issued her Report and Recommendation on August 31, 2021, recommending that this Court accept Defendant's guilty plea. ECF No. 23.
Although Judge Morris's Report stated that the parties could object and seek review within 14 days of service of the Report, neither Plaintiff nor Defendant have objected. The failure to object waives any right to appeal Judge Morris's finding 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 Magistrate Judge Morris's Report and Recommendation, ECF No. 23, is ADOPTED.
Further, it is ORDERED that Defendant's guilty plea is ACCEPTED, and the Rule 11 Plea Agreement, ECF No. 22, is taken UNDER ADVISEMENT.