Order Regarding Magistrate Judge’s Report and Recommendation Concerning Defendant’s Guilty Plea — United States v. Johnson (Dkt. 59, N.D. Iowa)

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An Order Regarding Magistrate Judge's Report and Recommendation Concerning Defendant's Guilty Plea in United States of America v. Kierin Craig Johnson, No. 20-CR-2045 CJW-MAR, in the U.S. District Court for the Northern District of Iowa, dated the 16th day of August, 2021 and signed by District Judge C.J. Williams. The order recounts that a three-count Superseding Indictment filed December 15, 2020 charged the defendant in count one, and that on July 30, 2021 he pleaded guilty before Magistrate Judge Mark A. Roberts, who recommended acceptance. With no objections filed, the court reviews the recommendation under 28 U.S.C. § 636(b)(1)(C). It accepts the Report and Recommendation and the plea of guilty to count one.

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

 UNITED STATES OF AMERICA,
                Plaintiff,                           No. 20-CR-2045 CJW-MAR
 vs.                               ORDER REGARDING MAGISTRATE
                                         JUDGE’S REPORT AND
 KIERIN CRAIG JOHNSON,
                                          RECOMMENDATION
            Defendant.               CONCERNING DEFENDANT’S
                                            GUILTY PLEA
                       ____________________

                   I.        INTRODUCTION AND BACKGROUND
       On December 15, 2020, a three-count Superseding Indictment was filed against
defendant and one other person. Defendant was charged in count one. On July 30,
2021, defendant appeared before United States Magistrate Judge Mark A. Roberts and
entered a plea of guilty to count one of the Superseding Indictment. On July 30, 2021,
Judge Roberts filed a Report and Recommendation (“R&R”) in which he recommended
that 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 6:20-cr-02045-CJW-MAR Document 59 Filed 08/16/21 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 July 30, 2021, and ACCEPTS defendant’s
plea of guilty in this case to count one of the Superseding Indictment.
       IT IS SO ORDERED this 16th day of August, 2021.



                                          _________________________
                                          C.J. Williams
                                          United States District Judge
                                          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 6:20-cr-02045-CJW-MAR Document 59 Filed 08/16/21 Page 2 of 2

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