United States v. Hernandez-Cervantes

1:11-cr-00072 | N.D. Iowa | May 20, 2011


CEDAR RAPIDS DIVISION UNITED STATES OF AMERICA, Plaintiff, No. CR 11-0072 vs. ORDER REGARDING MAGISTRATE’S REPORT AND CARMEN HERNANDEZ- RECOMMENDATION CERVANTES, CONCERNING DEFENDANT’S GUILTY PLEAS Defendant. ____________________ I. INTRODUCTION AND BACKGROUND On April 5, 2011, a three-count Indictment was returned against the defendant Carmen Hernandez-Cervantes. On May 20, 2011, the defendant appeared before United States Magistrate Judge Jon S. Scoles and entered pleas of guilty to Counts 1, 2 and 3 of the Indictment. On May 20, 2011, Judge Scoles filed a Report and Recommendation in which he recommended that defendant’s guilty pleas be accepted. On May 20, 2011, Defendant filed a Waiver of Objections to Report and Recommendation. The court, therefore, undertakes the necessary review of Judge Scoles' recommendation to accept defendant’s pleas 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). 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 to whom the case is assigned shall make a de novo determination upon the record, or after additional evidence, of any portion of the magistrate judge’s disposition to which specific written objection has been made in accordance with this rule. The district judge may accept, reject, or modify the recommended decision, receive further evidence, or recommit the matter to the magistrate judge with instructions.

F ED . R. C IV . P. 72(b). In this case, no objections have been filed, and it appears to the court upon review of Judge Scoles' findings and conclusions, that there is no ground to reject or modify them. Therefore, the court accepts Judge Scoles' Report and Recommendation of May 20, 2011, and accepts defendant’s pleas of guilty in this case to Counts 1, 2 and 3 of the Indictment.


DATED this 20th day of May, 2011.