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United States v. Garza

United States District Court, E.D. Michigan, Northern Division

January 10, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
VICTOR PORTER GARZA, Defendant.

          ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING DEFENDANT'S PLEA OF GUILTY, AND TAKING THE RULE 11 PLEA AGREEMENT UNDER ADVISEMENT

          THOMAS L. LUDINGTON United States District Judge

         On December 19, 2016, United States Magistrate Judge Patricia T. Morris conducted a plea hearing pursuant to Defendant's consent. ECF No. 18. The Magistrate Judge issued her report on December 20, 2016, recommending that this Court accept Defendant's plea of guilty. ECF No. 22.

         Although the Magistrate Judge's report explicitly stated that the parties to this action may 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. Thomas v. Arn, 474 U.S. 140, 149 (1985).

         Accordingly, it is ORDERED that the magistrate judge's report and recommendation, ECF No. 22, is ADOPTED.

         It is further ORDERED that Defendant's plea of guilty is ACCEPTED, and the Rule 11 Plea Agreement, ECF ...


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