Opinion
CR 20-48-M-DLC
04-20-2021
UNITED STATES OF AMERICA, Plaintiff, v. DREAM JESSYKA ANDERSON, Defendant.
ORDER
United States Magistrate Judge Kathleen L. DeSoto entered Findings and Recommendations in this matter on March 31, 2021. (Doc. 73.) Neither party objects, and so the Court will review for clear error. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003); Thomas v. Arn, 474 U.S. 140, 149 (1985). 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) (citations omitted).
Judge DeSoto recommended this Court accept Dream Jessyka Anderson's guilty plea after Anderson appeared before her pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to one count of possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1) as set forth in the Superseding Information. (Doc. 46.)
The Court finds no clear error in Judge DeSoto's Findings and Recommendation, and adopts 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 Findings and Recommendations (Doc. 73) is ADOPTED in full. Anderson's motion to change plea (Doc. 49) is GRANTED and she is adjudged guilty as charged in the Superseding Information.
DATED this 20th day of April, 2021.
/s/_________
Dana L. Christensen, District Judge
United States District Court