Opinion
CR-18-81-GF-BMM-JTJ
02-22-2019
UNITED STATES OF AMERICA, Plaintiff, v. LARRY RAY DENNY, JR., Defendant.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING MOTION TO CHANGE PLEA
Defendant Larry Denny appeared before United States Magistrate Judge John Johnston on January 29, 2019, and entered a plea of guilty to one count of Domestic Abuse by a Habitual Offender. Judge Johnston entered Findings and Recommendations on January 29, 2019. (Doc. 53).
Judge Johnston determined: (1) that Denny was fully competent and capable of entering an informed and voluntary plea; (2) that Denny was aware of the nature of the charges against him and the consequences of pleading guilty; (3) that Denny fully understood his constitutional rights, and the extent to which he was waiving those rights by pleading guilty to Count II as charged in the Indictment; and (4) that Denny's plea of guilty was a knowing and voluntary plea supported by an independent basis in fact establishing each of the essential elements of Count II as charged in the Indictment. Id. at 1-2.
Judge Johnston recommended that this Court accept Denny's plea of guilty to Domestic Abuse by a Habitual Offender. 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. 53) are ADOPTED IN FULL. Denny's Motion to Change Plea (Doc. 45) is GRANTED.
DATED this 22nd day of February, 2019.
/s/_________
Brian Morris
United States District Court Judge