USA v. Moore

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
EASTERN DIVISION
UNITED STATES OF AMERICA, 	No. 25-CR-1036 CJW-MAR
Plaintiff,
vs. 	ORDER REGARDING MAGISTRATE
JUDGE’S REPORT AND
RECOMMENDATION
CONCERNING DEFENDANT’S
GUILTY PLEA
DERRICK DEONTE MOORE,
Defendant.
____________________
I. 	INTRODUCTION AND BACKGROUND
On November 19, 2025, a four-count Superseding Indictment was filed against
defendant. 	(Doc. 47). 	On December 22, 2025, defendant appeared before United
States Magistrate Judge Mark A. Roberts and entered a conditional plea of guilty to
counts 1, 2, 3 & 4 of the Superseding Indictment. 	(Doc. 57). 	At the commencement
of the hearing, defendant and the government waived objections to a Report and
Recommendation on the plea. 	On December 22, 2025, Judge Roberts filed a Report and
Recommendation in which he recommended that defendant’s guilty plea be accepted.
The 	Court, 	therefore, 	undertakes 	the 	necessary 	review 	of 	Judge 	Roberts’
recommendation to accept 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.
Case 2:25-cr-01036-CJW-MAR Document 60 Filed 12/22/25 Page 1 of 2

2
28 U.S.C. § 636(b)(1)(C). 	Where parties make no objections to a magistrate’s report
and recommendation, the Court reviews the magistrate’s 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 report and recommendation
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.
F ED . R. C RIM . P. 59(b)(3).1
In this case, defendant and the government filed a waiver of objections to the
report and recommendation, and it appears to the Court upon review that Judge Roberts’
findings and conclusions are not clearly erroneous. 	Therefore, the Court ACCEPTS
Judge Roberts’ Report and Recommendation of December 22, 2025, and ACCEPTS
defendant’s conditional plea of guilty in this case to counts 1, 2, 3, & 4 of the Superseding
Indictment.
IT IS SO ORDERED this 22nd day of December, 2025.
____________________________
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.
Case 2:25-cr-01036-CJW-MAR Document 60 Filed 12/22/25 Page 2 of 2