United Statesv.Stuber

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA CEDAR RAPIDS DIVISIONDec 2, 2019
No. 19-CR-81 CJW-MAR (N.D. Iowa Dec. 2, 2019)

No. 19-CR-81 CJW-MAR

12-02-2019

UNITED STATES OF AMERICA, Plaintiff, v. CARL WILLIAM STUBER, IV, Defendant.


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

I. INTRODUCTION AND BACKGROUND

On September 25, 2019, a four-count Superseding Indictment was filed against defendant. On November 12, 2019, defendant appeared before United States Magistrate Judge Mark A. Roberts and entered a plea of guilty to counts two and three of the Superseding Indictment. On November 13, 2019, Judge Roberts filed a Report and Recommendation in which he recommended that defendant's guilty plea be accepted. The parties did not file objections to Judge Roberts' Report and Recommendation. The Court, therefore, undertakes the necessary review of Judge Roberts' recommendation to accept 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. § 636(b)(1)(C).

Where parties make no objections to a magistrate's report and recommendation, the Court reviews the magistrate's report and recommendation for clear error. 28 U.S.C. § 636(b)(1)(A). Similarly, Federal Rule of Criminal Procedure 59(b) provides for review of a magistrate judge's report and recommendation on dispositive motions, where objections are made, as follows:

The district judge must consider de novo any objection to the magistrate judge's recommendation. The district judge may accept, reject, or modify the recommendation, receive further evidence, or resubmit the matter to the magistrate judge with instructions.
FED. R. CRIM. P. 59(b)(3).

In this case, the parties filed no objections, and it appears to the Court upon review that Judge Roberts' findings and conclusions are not clearly erroneous. Therefore, the Court ACCEPTS Judge Roberts' Report and Recommendation of November 13, 2019, and ACCEPTS defendant's plea of guilty in this case to counts two and three of the Superseding Indictment.

IT IS SO ORDERED this 2nd day of December, 2019.

/s/_________

C.J. Williams

United States District Judge

Northern District of Iowa

United States v. Cortez-Hernandez, 673 F. App'x 587, 590-91 (8th Cir. 2016) (per curiam), suggests that a defendant may have the right to de novo review of a magistrate judge's recommendation to accept a plea of guilty even if no objection is filed.