Opinion
1:23-cr-20122
04-01-2024
UNITED STATES OF AMERICA, Plaintiff, v. NOLAND WOODS, II, Defendant.
HONORABLE PATRICIA T. MORRIS, UNITED STATES MAGISTRATE JUDGE.
ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING MOTION FOR SPECIFIC PERFORMANCE OF PLEA AGREEMENT AS MOOT, ACCEPTING GUILTY PLEA, AND TAKING RULE 11 PLEA AGREEMENT UNDER ADVISEMENT
HONORABLE THOMAS L. LUDINGTON, UNITED STATES DISTRICT JUDGE.
Magistrate Judge Patricia T. Morris conducted a plea hearing upon Defendant Noland Woods, II's consent on March 13, 2024. ECF Nos. 26; 27; 29. That same day, Judge Morris issued a report recommending the acceptance of Defendant's guilty plea. ECF No. 35. 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. 35, is ADOPTED.
Further, it is ORDERED that Defendant's Motion for Specific Performance of Plea Agreement, ECF No. 17, is DENIED AS MOOT.
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.