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United States v. Manzano-Huerta

United States District Court, N.D. Iowa, Eastern Division

August 11, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
JUAN CARLOS MANZANO-HUERTA, Defendant.

ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA

LINDA R. READE, District Judge.

I. INTRODUCTION AND BACKGROUND

On July 23, 2014, a six-count Second Superseding Indictment was filed against the defendant, Juan Carlos Manzano-Huerta. On August 8, 2014, the defendant appeared before United States Chief Magistrate Judge Jon S. Scoles and entered pleas of guilty to Counts 4 and 5 of the Second Superseding Indictment. On August 8, 2014, Judge Scoles filed a Report and Recommendation in which he recommended that the court accept the defendant's guilty pleas. On August 8, 2014, the defendant filed a Waiver of Objections to Report and Recommendation. The court, therefore, undertakes the necessary review of Judge Scoles's recommendation to accept the defendant's plea in this case.

II. ANALYSIS

Pursuant to statute, this court's standard of review for a magistrate judge's report and recommendation is as follows:

A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.

28 U.S.C. ยง 636(b)(1). Similarly, Federal Rule of Civil Procedure 72(b) provides for review of a magistrate judge's report and recommendation on dispositive motions and prisoner petitions, where objections are made, as follows:

The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to. The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.

Fed. R. Civ. P. 72(b).

In this case, no objections have been filed, and it appears to the court upon review of Judge Scoles's findings and conclusions that there is no ground to reject or modify them. Therefore, the court ACCEPTS Judge Scoles's Report and Recommendation of August 8, 2014, and ACCEPTS the defendant's pleas of guilty to Counts 4 and 5 of the Second Superseding Indictment.

IT IS SO ORDERED.


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