Opinion
No. 0:20-CR-8-REW-MAS
10-13-2020
UNITED STATES OF AMERICA, Plaintiff, v. JOSHUA AARON VALLANCE, Defendant.
ORDER
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After conducting Rule 11 proceedings, Judge Stinnett recommended that the undersigned accept Defendant Joshua Vallance's guilty plea and adjudge him guilty of the offense charged in Count One of the Indictment. DE 51 (Minute Entry); DE 50 (Plea Agreement). Judge Stinnett expressly informed Defendant of his right to object to the recommendation and to secure de novo review. See DE 52 at 3. The prescribed three-day objection period has passed, and neither Defendant Vallance nor the United States objected to the Recommendation.
The Court is not required to "review . . . a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings." Thomas v. Arn, 106 S. Ct. 66, 472 (1985); see also United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981) (holding that a failure to file objections to a magistrate's judge's recommendation waives the right to appellate review); Fed. R. Crim. P. 59(b)(2)-(3) (limiting de novo review duty to "any objection" filed); 28 U.S.C. § 636(b)(1) (limiting de novo review duty to "those portions" of the recommendation "to which objection is made").
The Court thus, with no objection from any party and on full review of the record, ORDERS as follows:
1. The Court ADOPTS DE 52, ACCEPTS Defendant Vallance's guilty plea, and ADJUDGES him guilty of Count One of the Indictment (DE 1);
2. The Court ADOPTS DE 52 as it relates to a forfeiture finding and forfeiture mechanics. The United States may file any forfeiture motion within thirty (30) days; and
3. The Court will issue a separate sentencing order.
At the hearing, Judge Stinnett, consistent with the parties' agreed recommendation (DE 50 ¶ 9), released Defendant on previously imposed conditions. See DE 24 (Order Setting Conditions). The Court, thus, sees no need to further address detention, at this time.
This the 13th day of October, 2020.
Signed By:
Robert E . Wier
United States District Judge