D. Neb. NECrimR 11.2

(a) Hearing.

With the assigned district judge's and the parties' consent, a magistrate

judge may hold a change of plea hearing in:

(1) a felony case; or

(2) a misdemeanor case requiring consent but in which the parties did

not consent to trial, judgment, and sentencing by a magistrate judge.

If the magistrate judge at the hearing finds that the defendant's written or

oral consent to proceed with the change of plea before the magistrate judge

is knowing and voluntary, the magistrate judge conducts the change of plea

hearing. The magistrate judge must inquire about the existence and

understanding of the terms of any plea agreement but may not accept or

reject a plea agreement.

(b) Findings of Fact and Recommendation.

The magistrate judge must state on the record findings concerning the guilty

plea's knowing and voluntary nature, the adequacy of the factual basis for

the plea, and any other relevant matter, and must recommend to the district

judge whether the guilty plea should be accepted. If there is a plea

agreement, the magistrate judge must also recommend to the district judge

whether the plea agreement should be rejected, accepted, or taken under

advisement until sentencing. A transcript of the hearing must be prepared

and filed with the clerk.

(c) Objection to Recommendation.

Unless the judge extends or shortens the time, any objection to the

magistrate judge's recommendation must (1) be in writing, (2) specify the

parts of the findings or recommendation objected to, and (3) be filed and

served within 14 days after the filing of the plea transcript. See NECrimR

59.2(a).

(d) District Judge's Review.

The district judge must conduct a de novo review of the magistrate judge's

recommendation regarding the proposed plea and issue an appropriate

order. The district judge may defer acceptance of the plea agreement until

sentencing. In conducting this review, the district judge may reconduct or

refer back to the magistrate judge all or part of the plea hearing, affirm or

set aside any finding by the magistrate judge, and make additional findings.