United States v. Coleman

1:09-cr-20023 | E.D. Mich. | Nov 4, 2009

1:09-cr-20023-TLL-PTM Doc # 126 Filed 11/04/09 Pg 1 of 2 Pg ID 512 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION UNITED STATES OF AMERICA, Plaintiff, Case Number 09-20023-BC Honorable Thomas L. Ludington v. D-4 ASHLEY REBECCA ALLEN, Defendant. _______________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING DEFENDANT’S PLEA OF GUILTY AS TO THE CONSPIRACY COUNT OF THE SECOND SUPERSEDING INDICTMENT, AND TAKING THE RULE 11 PLEA AGREEMENT UNDER ADVISEMENT A plea hearing was conducted on September 15, 2009, by United States Magistrate Judge Charles E. Binder pursuant to the defendant’s consent. The magistrate judge issued his report on September 16, 2009, recommending that this Court accept the defendant’s plea of guilty. As of today’s date, no party has filed any objections to the magistrate judge’s report and recommendation. The failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370" date_filed="1987-09-29" court="6th Cir." case_name="Ernest Smith Sam Eliowitz Albert Rosen Robert Sheldon Jan Sklenar Joseph Soltesz Cecelia Stoll v. Detroit Federation of Teachers">829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge’s report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140" date_filed="1986-01-27" court="SCOTUS" case_name="Thomas v. Arn">474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge. Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [Dkt # 109] is ADOPTED. 1:09-cr-20023-TLL-PTM Doc # 126 Filed 11/04/09 Pg 2 of 2 Pg ID 513 It is further ORDERED that the defendant’s plea of guilty as to the conspiracy count of the second superseding indictment is ACCEPTED, and the Rule 11 Plea Agreement [Dkt. # 108] is taken UNDER ADVISEMENT. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: November 4, 2009 PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on November 4, 2009. s/Tracy A. Jacobs TRACY A. JACOBS -2-