govinfo:USCOURTS-iand-2_26-cr-01002-1

IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF IOWA 
EASTERN DIVISION 
 
UNITED STATES OF AMERICA, No. 26-CR-1002 CJW-MAR 
Plaintiff, 
vs. ORDER REGARDING 
MAGISTRATE JUDGE’S REPORT 
AND RECOMMENDATION 
CONCERNING DEFENDANT’S 
GUILTY PLEA 
 
MARIO ISRAEL ORTIZ GONZALEZ, 
Defendant. 
 ___________________ 
I. INTRODUCTION AND BACKGROUND 
On May 7, 2026, a one-count Indictment was filed against defendant. On June 1, 
2026, defendant appeared before United States Magistrate Judge Mark A. Roberts and 
entered a plea of guilty to count 1 of the Indictment. On June 1, 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’ recom mendation 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. § 
636(b)(1)(A). Similarly, Federal Rule of Criminal Procedure 59(b) provides for review 
of a magistr ate 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 June 1, 2026, and ACCEPTS defendant’s plea 
of guilty in this case to count 1 of the Indictment. 
 IT IS SO ORDERED this 16th day of June, 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. 

Passage view · GavelSight