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United States v. Perez-Oritz

January 22, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ADRIAN PEREZ-ORTIZ, DEFENDANT.



The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM AND ORDER

On January 11, 2008, the United States of America and Perez-Ortiz filed a written consent to appear before Magistrate Judge Clifford Proud pursuant to Federal Rule of Criminal Procedure 11 and SDIL Rule 72.1(b)(2). At that time, Perez-Ortiz entered a plea of guilty to Count 1 of the Superseding Indictment.

On January 11, 2008, Judge Proud submitted a Report recommending that the undersigned District Judge accept the plea of guilty, that a presentence investigation and report be prepared, and that the Defendant be adjudicated guilty and have sentence imposed accordingly (Doc. 23).

The Report was sent to the parties along with a "NOTICE" informing them of their right to appeal by way of filing "Objections" within ten days of service of the Report. However, both the United States and Perez-Ortiz have filed documents stating that they do not object to the Report (Docs. 24 & 25). Therefore, pursuant to 28 U.S.C. § 636(b), this Court need not conduct de novo review. Thomas v. Arn, 474 U.S. 140, 149-52 (1985); Video Views Inc. v. Studio 21, Ltd., 797 F.2d 538 (7th Cir. 1986).

Accordingly, the undersigned District Judge ADOPTS Magistrate Judge Proud's Report and Recommendation (Doc. 23), ACCEPTS Perez-Ortiz's plea of guilty, ADJUDGES Perez-Ortiz guilty, REFERS the matter to the United States Probation Office so that a presentence investigation and report can be prepared, and SETS a sentencing hearing for 9:30 a.m. on May 2, 2008.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20080122

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