Published on: Wednesday, April 12, 2023

One power of a magistrate judge is to conduct evidentiary hearings and submit a report to an Article III judge recommending how to rule on a motion to suppress. If a party disagrees with the magistrate's report and recommendation, the district court judge is to conduct de novo review. Does 4½ pages of boilerplate repeated in dozens of cases count as de novo review? Ninth Circuit: Sure does. Dissent: I don't think so. The only part of the order relating to the defendant here are the names of the magistrate judge, the party, and the docket number. It's a rubberstamp, which creates constitutional problems and this Arizona judge has done this at least 30 times since 2021. (Unfortunately for the defendant, the Ninth Circuit also affirmed his conviction for transporting noncitizens.)

The case is U.S. v. Ramos, No. 21-10184 (9th Cir. Apr. 10, 2023).