United States v. Valenzuela, CR 18-127-BLG-DLC. (2019)
Court: District Court, D. Montana
Number: infdco20190816c07
Visitors: 14
Filed: Aug. 15, 2019
Latest Update: Aug. 15, 2019
Summary: ORDER DANA L. CHRISTENSEN , Chief District Judge . United States Magistrate Judge Timothy J. Cavan entered Findings and Recommendation in this matter on July 30, 2019. 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
Summary: ORDER DANA L. CHRISTENSEN , Chief District Judge . United States Magistrate Judge Timothy J. Cavan entered Findings and Recommendation in this matter on July 30, 2019. 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 1..
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ORDER
DANA L. CHRISTENSEN, Chief District Judge.
United States Magistrate Judge Timothy J. Cavan entered Findings and Recommendation in this matter on July 30, 2019. 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 Cavan recommended this Court accept Oscar Antonio Valenzuela's guilty plea after Valenzuela appeared before him pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to crime of conspiracy to distribute and to possess with the intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1) as charged in Count I of the Indictment.
I find no clear error in Judge Cavan's Findings and Recommendation (Doc. 25), and I adopt them in full.
Accordingly, IT IS ORDERED that Oscar Antonio Valenzuela's motion to change plea (Doc. 17) is GRANTED and Oscar Antonio Valenzuela is adjudged guilty as charged in Count I of the Indictment.
Source: Leagle
