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U.S. v. BAHR, CR-17-06-GF-BMM. (2017)

Court: District Court, D. Montana Number: infdco20170501u02 Visitors: 6
Filed: Apr. 28, 2017
Latest Update: Apr. 28, 2017
Summary: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING MOTION TO CHANGE PLEA BRIAN MORRIS , District Judge . Defendant Vanessa Topaz Bahr appeared before United States Magistrate Judge John Johnston on April 12, 2017, and entered a plea of guilty to one count of Felon in Possession of a Firearm. Judge Johnston entered Findings and Recommendations on April 12, 2017. (Doc. 28.) Judge Johnston determined: (1) that Bahr was fully competent and capable of entering an informed and voluntary pl
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING MOTION TO CHANGE PLEA

Defendant Vanessa Topaz Bahr appeared before United States Magistrate Judge John Johnston on April 12, 2017, and entered a plea of guilty to one count of Felon in Possession of a Firearm. Judge Johnston entered Findings and Recommendations on April 12, 2017. (Doc. 28.)

Judge Johnston determined: (1) that Bahr was fully competent and capable of entering an informed and voluntary plea; (2) that Bahr was aware of the nature of the charges against her and the consequences of pleading guilty to Felon in Possession of a Firearm as charged in the Indictment; (3) that Bahr understood her constitutional rights, and the extent to which she was waiving those rights by pleading guilty; and (4) that Bahr's plea of guilty was a knowing and voluntary plea supported by an independent basis in fact establishing each of the essential elements of the offense charged in Count I of the Indictment. Id. at 1-2.

Judge Johnston recommended that this Court accept Bahr's plea of guilty to Felon in Possession of a Firearm as charged in the Indictment. Id. at 2. Neither party filed objections. The Court has reviewed Judge Johnston's Findings and Recommendations for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The Court finds no error.

Accordingly, IT IS ORDERED that Magistrate Judge Johnston's Findings and Recommendations (Doc. 28) is ADOPTED IN FULL. Bahr's Motion to Change Plea (Doc. 15) is GRANTED.

Source:  Leagle

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