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

CEDAR RAPIDS DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

No. CR 13-31

vs.

ALEJANDRO MENDOZA-
HERNANDEZ,

Defendant.

ORDER REGARDING

MAGISTRATE’S REPORT AND

RECOMMENDATION

CONCERNING DEFENDANT’S

GUILTY PLEA

____________________

I. INTRODUCTION AND BACKGROUND

On May 23, 2013, a one-count Indictment was returned against the defendant

Alejandro Mendoza-Hernandez. On June 26, 2013, the defendant appeared before United

States Magistrate Judge Jon S. Scoles and entered a plea of guilty to Count 1 of the

Indictment. On June 26, 2013, Judge Scoles filed a Report and Recommendation in which

he recommended that the defendant’s guilty plea be accepted. No objections to Judge

Scoles’s Report and Recommendation were filed. The court, therefore, undertakes the

necessary review of Judge Scoles’s recommendation to accept the defendant’s plea in this

case.

II. ANALYSIS

Pursuant to statute, this court’s standard of review for a magistrate judge’s Report

and Recommendation 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). Similarly, Federal Rule of Civil Procedure 72(b) provides for

review of a magistrate judge’s Report and Recommendation on dispositive motions and

prisoner petitions, where objections are made, as follows:

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.

Fed. R. Civ. P. 72(b).

In this case, no objections have been filed, and it appears to the court upon review

of Judge Scoles’s findings and conclusions that there is no ground to reject or modify

them. Therefore, the court accepts Judge Scoles’s Report and Recommendation of June

26, 2013, and accepts the defendant’s plea of guilty in this case to Count 1 of the

Indictment.

IT IS SO ORDERED.

DATED this 11th day of July, 2013.

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