Order Regarding Magistrate Judge’s Report and Recommendation Concerning Defendant’s Guilty Plea — United States v. Morrison (Dkt. 63, N.D. Iowa)

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An order by Chief Judge C.J. Williams in United States of America v. James Douglas Morrison, No. 23-CR-2045 CJW-MAR, in the U.S. District Court for the Northern District of Iowa, Eastern Division, dated March 8, 2024. It recites that on August 9, 2023 a six-count Indictment was filed against the defendant and one other person, charging the defendant in counts 1, 3, 4, 5 and 6, and that on February 22, 2024 the defendant pleaded guilty to counts 1 and 6 before United States Magistrate Judge Mark A. Roberts, who recommended acceptance. With no objections filed, the order accepts the recommendation and the defendant's guilty plea to counts 1 and 6 of the Indictment.

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IN THE UNITED STATES DISTRICT COURT
                   FOR THE NORTHERN DISTRICT OF IOWA
                             EASTERN DIVISION

 UNITED STATES OF AMERICA,                           No. 23-CR-2045 CJW-MAR
                Plaintiff,
 vs.                                ORDER REGARDING MAGISTRATE
                                          JUDGE’S REPORT AND
 JAMES DOUGLAS MORRISON,
                                           RECOMMENDATION
          Defendant.                  CONCERNING DEFENDANT’S
                                              GUILTY PLEA
                     __________________________

                   I.        INTRODUCTION AND BACKGROUND
       On August 9, 2023, a six-count Indictment was filed against defendant and one
other person. Defendant was charged in counts 1, 3, 4, 5 and 6. On February 22,
2024, defendant appeared before United States Magistrate Judge Mark A. Roberts and
entered a plea of guilty to counts 1 and 6 of the Indictment. On February 22, 2024,
Judge Roberts filed a Report and Recommendation (“R&R”) in which he recommended
defendant’s guilty plea be accepted. The parties did not file objections to Judge Roberts’
R&R.     The Court, therefore, undertakes the necessary review of Judge Roberts’
recommendation to accept defendant’s plea in this case.
                                   II.    ANALYSIS
       Under the statute, this Court’s standard of review for a magistrate judge’s R&R 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)(C).
       When parties do not object to a magistrate judge’s report and recommendation,
the Court reviews the report and recommendation for clear error.           28 U.S.C. §

       Case 6:23-cr-02045-CJW-MAR Document 63 Filed 03/08/24 Page 1 of 2

636(b)(1)(A). Similarly, Federal Rule of Criminal Procedure 59(b) provides for review
of a magistrate judge’s R&R on dispositive motions, where objections are made, as
follows:
       The district judge must consider de novo any objection to the magistrate
       judge’s recommendation. The district judge may accept, reject, or modify
       the recommendation, receive further evidence, or resubmit the matter to the
       magistrate judge with instructions.

FED. R. CRIM. P. 59(b)(3).1
       In this case, the parties filed no objections, and it appears to the Court upon review
that Judge Roberts’ findings and conclusions are not clearly erroneous. Therefore, the
Court ACCEPTS Judge Roberts’ R&R of February 22, 2024, and ACCEPTS
defendant’s plea of guilty in this case to counts 1 and 6 of the Indictment.
       IT IS SO ORDERED this 8th day of March, 2024.



                                          _________________________
                                          C.J. Williams, Chief Judge
                                          United States District Court
                                          Northern District of Iowa




1
   United States v. Cortez-Hernandez, 673 F. App’x 587, 590-91 (8th Cir. 2016) (per curiam),
suggests that a defendant may have the right to de novo review of a magistrate judge’s
recommendation to accept a plea of guilty even if no objection is filed.



                                             2

      Case 6:23-cr-02045-CJW-MAR Document 63 Filed 03/08/24 Page 2 of 2

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