UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
June 16, 2007
UNITED STATES OF AMERICA,
HENRY BARSKIE, DEFENDANT.
The opinion of the court was delivered by: Garaufis, District Judge.
Henry Barskie pled guilty to one count of Conspiracy to Commit Mail Fraud. (Judgment at 1.) I sentenced him to a three-year term of probation and ordered him to pay restitution in the amount of $349,500. (Id. at 2-3.) Barskie moved the court to modify the amount of his restitution pursuant to 18 U.S.C. § 3563(c). I referred that motion to the Honorable Roanne L. Mann, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed. R. Crim. P. 59. (Order dated January 16, 2007.) Judge Mann recommended that I deny Barskie's motion. (Report and Recommendation dated April 4, 2007.)
Barskie has not objected to Judge Mann's Report and Recommendation. The ten-day period for doing so has expired. Fed. R. Crim. P. 59. Barskie has therefore waived his right to review of Judge Mann's Report and Recommendation. Id.; see also Advisory Committee Notes to Fed. R. Crim. P. 59 (2005 Adoption) ("failure to file an objection in accordance with the rule amounts to a waiver of the issue"). I therefore approve, adopt, and ratify the Report and Recommendation of Judge Mann dated March 16, 2007. Barskie's motion to modify the amount of his restitution is DENIED.
NICHOLAS G. GARAUFIS United States District Judge
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