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United States v. Payne

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


January 20, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
FREDDIE E. PAYNE, DEFENDANT.

The opinion of the court was delivered by: William D. Stiehl District Judge

ORDER

STIEHL, District Judge

On November 7, 2008, the United States of America and defendant Freddie E. Payne consented to appear before Magistrate Judge Philip M. Frazier pursuant to Federal Rule of Criminal Procedure 11 and SDIL Rule 72.1(b)(2). At that time, the defendant entered a plea of guilty to Count 1 of the Indictment.

On November 7, 2008, Judge Frazier 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. 26).

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 and Recommendation. Neither party has filed an objection, 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 Frazier's Report and Recommendation (Doc. 616), ACCEPTS defendant Freddie E. Payne's plea of guilty, and ADJUDGES defendant Freddie E. Payne guilty.

IT IS SO ORDERED.

20090120

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