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United States v. Whitson

April 2, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ROY LEE WHITSON, JR., DEFENDANT.



The opinion of the court was delivered by: Honorable Thomas L. Ludington

ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING DEFENDANT'S GUILTY PLEA AS TO COUNT ONE, AND TAKING THE RULE 11 PLEA AGREEMENT UNDER ADVISEMENT

A plea hearing was conducted on March 2, 2010, by U.S. Magistrate Judge Charles E. Binder pursuant to the Defendant's consent. The magistrate judge issued his report [Dkt. # 17] on March 2, 2010, recommending acceptance of Defendant's guilty plea. Either party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of the report and recommendations. 28 U.S.C. § 636(b)(1). The district court will make a "de novo determination of those portions of the report... to which objection is made." Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. Thomas v. Arn, 474 U.S. 140, 149--52 (1985).

Accordingly, it is ORDERED that the magistrate judge's report and recommendation [Dkt # 16] is ADOPTED.

It is further ORDERED that the defendant's guilty plea as to count one is ACCEPTED, and the Rule 11 Plea Agreement [Dkt. # 16] is taken UNDER ADVISEMENT.

THOMAS L. LUDINGTON United States District Judge

20100402

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