USA v. Vaifanua et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
TAMOLE TIERRA PATTIJO
LAUINA,
Defendant.
Case No. 3:18-cr-00106-SLG-MMS-1
ORDER RE FINAL REPORT AND RECOMMENDATION
Upon Defendant Tamole Lauina’s request to enter a guilty plea, pursuant to
Rule 11 of the Federal Rules of Criminal Procedure, to Count 4 and voluntary
surrender as to the Criminal Forfeiture Allegation of the Indictment, this matter was
referred the Honorable Magistrate Judge Matthew McCrary Scoble. In full
compliance with Rule 11, Federal Rules of Criminal Procedure, Defendant entered
a plea of guilty before Judge Scoble in open court and on the record. At Docket
150, Judge Scoble issued his Final Report and Recommendation in which he
recommended acceptance of Defendant’s plea of guilty to Count 4 and voluntary
surrender of all items listed in the Criminal Forfeiture Allegation of the Indictment
(D. 2). No objections to the Final Report and Recommendation were filed.
The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1). That
statute provides that a district court “may accept, reject, or modify, in whole or in
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Case No. 3:19-cr-00106-SLG-MMS-1, United States of America v. Lauina
Order re Final Report and Recommendation
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part, the findings or recommendations made by the magistrate judge.”1 A court is
to “make a de novo determination of those portions of the magistrate judge’s report
or specified proposed findings or recommendations to which objection is made.”2
But as to those topics on which no objections are filed, “[n]either the Constitution
nor [28U.S.C. § 636(b)(1)] requires a district judge to review, de novo, findings and
recommendations that the parties themselves accept as correct.”3
The magistrate judge recommended that the Court accept the Defendant’s
plea of guilty to Count 4 of the Indictment which charges: 18 U.S.C. §3 – Accessory
After the Fact. The magistrate judge further recommends that the Court accept the
Defendant’s voluntary surrender to all items listed in the Criminal Forfeiture
Allegation of the Indictment. The Court has reviewed the Final Report and
Recommendation and agrees with its analysis. Accordingly, the Court adopts the
Final Report and Recommendation, and IT IS ORDERED that the Plea of Guilty to
Count 4 of the Indictment is ACCEPTED and Defendant is ADJUDGED GUILTY
of Court 4 of the Indictment.
DATED this 9th day of December, 2019 at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
1 28 U.S.C. § 636(b)(1).
2 Id.
3 United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003); see also Thomas v. Arn,
474 U.S. 140, 150 (1985) (“It does not appear that Congress intended to require district court
review of a magistrate’s factual or legal conclusions, under a de novo or any other standard,
when neither party objects to those findings.”).
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