DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
KAUSHIKKUMAR PATEL, 
Defendant. 
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Case No. 3:22-cr-0012 
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ORDER 
 
BEFORE THE COURT is the Report and Recommendation of the magistrate judge 
recommending that the Court accept Kaushikkumar Patel’s (“Patel”) plea of guilty (ECF No. 
39) to Count One of the Information, charging a violation of 8 U.S.C. § 1326(a)(2). For the 
reasons stated below, the Court will adopt the Report and Recommendation. 
Pursuant to 28 U.S.C. § 636, “[w]ithin fourteen days after being served with a copy [of 
the Report and Recommendation], any party may serve and file written objections to such 
proposed findings and recommendations as provided by rules of court. 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.” 28 U.S.C. § 636(b)(1)(C). Here, 
neither party filed an objection within fourteen days of service of the Report and 
Recommendation. Therefore, “the scope of [the Court’s] review is far more limited and is 
conducted under the far more deferential standard of ‘plain error’.” Tice v. Wilson, 425 F. 
Supp. 2d 676, 680 (W.D. Pa. 2006) aff’d, 276 Fed. App’x 125 (3d Cir. 2008); see Henderson v. 
Carlson, 812 F.2d 874, 878 (3d Cir. 1987) (“While . . . [28 U.S.C. § 636(b)(1)] may not require, 
in the absence of objections, the district court to review the magistrate’s report before 
accepting it, we believe that the better practice is for the district judge to afford some level 
of review to dispositive legal issues raised by the report.”).  
After reviewing the record and the Report and Recommendation, the Court does not 
find plain error in any of the magistrate judge’s factual and legal findings. Therefore, 
pursuant to Rule 11 of the Federal Rules of Criminal Procedure, the Court finds that Patel 
entered his guilty plea knowingly and voluntarily, and that there was a factual basis for the 
Case: 3:22-cr-00012-RAM-RM   Document #: 40   Filed: 05/31/22   Page 1 of 2
United States v. Patel 
Case No. 3:22-cr-0012 
Order 
Page 2 of 2 
 
plea. The Court, therefore, will adopt the Report and Recommendation and find Patel guilty 
as to Count One of the Information. Accordingly, it is hereby 
ORDERED that the Report and Recommendation (ECF No. 39) is ACCEPTED; it is 
further 
ORDERED that Defendant Kaushikkumar Patel’s plea of guilty as to Count One of the 
Information is ACCEPTED, and that Patel is adjudged GUILTY on that count; it is further 
ORDERED that, pursuant to Fed. R. Crim. P. 32(c)(1)(A), the U.S. Probation Office shall 
conduct a presentence investigation for the preparation of a presentence report; it is further 
              ORDERED that the U.S. Probation Office shall disclose the preliminary presentence 
report to the parties no later than August 18, 2022; it is further 
ORDERED that the parties shall submit any objections or corrections to the 
preliminary presentence report to the U.S. Probation Office no later than September 1, 2022; 
it is further 
ORDERED that the U.S. Probation Office shall disclose the final presentence report to 
the parties and the Court no later than September 15, 2022; it is further 
ORDERED that the parties shall file their sentencing memoranda no later than 
September 29, 2022; it is further 
            ORDERED that a sentencing hearing shall be held on Thursday, October 13, 2022, at 
9:30 A.M. in STT Courtroom No. 1, before Chief Judge Robert A. Molloy.  
 
Dated: May 31, 2022 
 
/s/Robert A. Molloy  
 
 
 
  
 
 
 
 
ROBERT A. MOLLOY 
 
 
 
 
 
 
 
Chief Judge 
 
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