Reported / Citable
Background
The district court referred administration of Gomez-Nolasco’s guilty plea and Rule 11 allocution to a United States magistrate judge under 28 U.S.C. § 636(b). Gomez-Nolasco consented to that procedure.
The magistrate judge filed a Memorandum and Recommendation concerning the plea. The period for objections expired, and neither party filed objections or other opposition.
The Court’s Holding
Chief Judge Alia Moses accepted the magistrate judge’s Memorandum and Recommendation. Because no objections had been made, the court concluded that de novo review was unnecessary and found the recommendation neither clearly erroneous nor contrary to law.
The court accepted Gomez-Nolasco’s guilty plea as to Count One of the indictment.
Key Takeaways
- A defendant may consent to a magistrate judge’s administration of a Rule 11 guilty-plea proceeding.
- Absent objections to a magistrate judge’s recommendation, the district court need not conduct de novo review.
- The district court accepted the guilty plea to Count One.
Why It Matters
The order illustrates the routine process for adopting an unopposed magistrate judge recommendation after a defendant’s consented-to Rule 11 plea proceeding. It resolves acceptance of the plea, not sentencing or the ultimate disposition of the criminal case.