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United States v. Chartier - No. 13-CR-18-LRR, 2013 U.S. Dist. LEXIS 146216 (N.D. Iowa Oct. 8, 2013)

Rule:

The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to. The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.

Facts:

On June 26, 2013, a two-count superseding indictment was returned against defendant, Adam Robert Chartier. On Oct. 7, 2013, Chartier appeared before a United States magistrate judge and entered a conditional plea of guilty to Count 1 of the superseding indictment. On Oct. 7, 2013, the magistrate judge filed a report and recommendation in which he recommended that the court accept Chartier's conditional guilty plea. On Oct. 7, 2013, Chartier filed a waiver of objections to report and recommendation. 

Issue:

Should the court accept Chartier's conditional plea?

Answer:

Yes.

Conclusion:

The district court accepted the magistrate judge's recommendations to accept the conditional plea of guilty to Count 1 of the superseding indictment. It found that no objections had been filed and review of the magistrate judge's findings and conclusions indicated that there was no ground to reject or modify them. The court noted that it has a duty to determine de novo any part of the magistrate judge's disposition that had been properly objected to. After which, the district judge may accept, reject, or modify the recommended disposition, receive further evidence, or return the matter to the magistrate judge with instructions.

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