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U.S. v. FREETLY, CR 14-07-M-DLC. (2014)

Court: District Court, D. Montana Number: infdco20140714a01 Visitors: 16
Filed: Jul. 11, 2014
Latest Update: Jul. 11, 2014
Summary: ORDER DANA L. CHRISTENSEN, District Judge. United States Magistrate Judge Jeremiah C. Lynch entered Findings and Recommendation in this matter on June 26, 2014. Neither party objected and therefore they are not entitled to de novo review of the record. 28 U.S.C. 636(b)(1); United States v. Reyna-Tapia, 328 F.3d 1114 , 1121 (9th Cir. 2003). This Court will review the Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309 , 131
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ORDER

DANA L. CHRISTENSEN, District Judge.

United States Magistrate Judge Jeremiah C. Lynch entered Findings and Recommendation in this matter on June 26, 2014. Neither party objected and therefore they are not entitled to de novo review of the record. 28 U.S.C. § 636(b)(1); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). This Court will review the Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000).

Judge Lynch recommended this Court accept Charles Patrick Freetly's guilty plea after Freetly appeared before him pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to one count of being a felon in possession of firearms in violation of 18 U.S.C. § 922(g)(1) as set forth in Count I of the Indictment. In exchange for Defendant's plea, the United States has agreed to dismiss Count II of the Indictment.

I find no clear error in Judge Lynch's Findings and Recommendation (Doc. 26), and I adopt them in full, including the recommendation to defer acceptance of the Plea Agreement until sentencing when the Court will have reviewed the Plea Agreement and Presentence Investigation Report.

Accordingly, IT IS ORDERED that the Motion to Change Plea (Doc. 19) is GRANTED and Charles Patrick Freetly is adjudged guilty as charged in Count I of the Indictment.

Source:  Leagle

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