USA v. McGhghy, et al

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CEDAR RAPIDS DIVISION
UNITED STATES OF AMERICA, No. 26-CR-19 CJW-MAR
Plaintiff,
vs. ORDER REGARDING
MAGISTRATE JUDGE’S REPORT
AND RECOMMENDATION
CONCERNING DEFENDANT’S
GUILTY PLEA
TRACEY ALLEN MCGHGHY,
Defendant.
___________________
I. INTRODUCTION AND BACKGROUND
On February 24, 2026, a one-count Indictment was filed against defendant and
one other person. On September 30, 2026, defendant appeared before United States
Magistrate Judge Mark A. Roberts and entered a plea of guilty to count 1 of the
Indictment. On September 30, 2026, 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.
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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. §
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 September 30, 2026, and ACCEPTS
defendant’s plea of guilty in this case to count 1 of the Indictment.
IT IS SO ORDERED this 15th day of October, 2026.
________________________
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.
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