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5:11-cr-04146
N.D. IowaJan 12, 2012Background
- Defendant Humberto Perez-Martin is charged as a previously deported alien found in the United States without consent of the Attorney General or Homeland Security Secretary, in violation of 8 U.S.C. § 1326(a).
- Indictment returned December 16, 2011; Perez-Martin pleaded guilty to Count 1 on January 12, 2012.
- Magistrate Judge Paul A. Zoss filed a Report and Recommendation recommending acceptance of the guilty plea.
- No objections to Judge Zoss’s report were filed and the objection period was waived.
- The district court reviews magistrate reports under 28 U.S.C. § 636(b)(1) and may adopt findings under de novo or clear-error standards; in absence of objections, clear-error review applies.
- Court accepts Judge Zoss’s recommendation and Perez-Martin’s guilty plea to Count 1.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard of review when no objections filed | Clear-error review applies | Not applicable (no objections) | Accepted magistrate's recommendation via clear-error review |
| Whether plea should be accepted | Guilty plea should be accepted per magistrate | (No separate argument; plea stands) | Guilty plea to Count 1 accepted |
| Authority to review magistrate’s report | Statutory review permitted under 28 U.S.C. § 636(b)(1) | N/A | District court may review magistrate’s findings for clear error when no objections |
| Effect of no objections on de novo review | De novo review not required absent objections | N/A | Court reviews for clear error; no de novo review triggered |
| Scope of the court’s final disposition | Accept recommendation and plea | N/A | Judge Bennett accepts the recommendation and the guilty plea |
Key Cases Cited
- Thomas v. Arn, 474 U.S. 140 (1985) (de novo review possible; objections trigger de novo consideration)
- Grinder v. Gammon, 73 F.3d 793 (8th Cir. 1996) (clear-error standard when no objections filed)
- Taylor v. Farrier, 910 F.2d 518 (8th Cir. 1990) (support for standard of review when no objections)
- Anderson v. City of Bessemer City, 470 U.S. 564 (1985) (general principles governing judicial review of magistrate rulings)
- U.S. Gypsum Co., 333 U.S. 364 (1948) (statutory-review framework for magistrate recommendations)