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United States v. Roddy

United States District Court, M.D. Florida, Tampa Division

November 8, 2019

UNITED STATES OF AMERICA,
v.
ANTONIO MARQUIS RODDY.

          ORDER

         This cause is before the Court on:

Dkt. 513 Motion to Withdraw Plea of Guilty
Dkt. 520 Response
Dkt. 531 Restricted Digital Audio File - Hearing on August 27, 2019
Dkt. 532 Restricted Digital Audio File - Hearing on August 27, 2019
Dkt. 537 Report and Recommendation
Dkt. 541 Objection
Dkt. 543 Response

         Defendant Antonio Marquis Roddy moves to withdraw Defendant's Guilty Plea. Defendant Roddy argues that Defendant did not have close assistance of counsel, and his plea was not knowing and voluntary.

         The Government opposes Defendant Roddy's Motion. The Government argues that Defendant Roddy has not established a fair and just reason to withdraw his plea.

         Defendant Roddy's Motion to Withdraw Plea of Guilty was referred to the assigned Magistrate Judge for an evidentiary hearing and a Report and Recommendation. Magistrate Judge Sneed conducted a hearing and has entered a Report and Recommendation in which it is recommended that Defendant Roddy's Motion be denied.

         I. Standard of Review

         A. Report and Recommendation

         The District Court determines de novo any part of the Report and Recommendation that has been properly objected to. The District Court may accept, reject, modify in whole or in part the recommended disposition, may receive further evidence, or may recommit the matter to the Magistrate Judge with instructions. See 28 U.S.C. Sec. 636(b)(1); Fed.R.Civ.P. 72(b)(3). [I]n the absence of a timely filed objection, a district court need not conduct a de novo ...


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