Opinion
CR 19-29-M-DLC
11-01-2019
UNITED STATES OF AMERICA, Plaintiff, v. CHRISTOPHER DAVID BARLOW, Defendant.
ORDER
United States Magistrate Judge Kathleen L. DeSoto entered Findings and Recommendation in this matter on October 16, 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 DeSoto recommended this Court accept Christopher David Barlow's guilty plea after Barlow appeared before her pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to one count of conspiracy to distribute 50 or more grams of actual methamphetamine in violation of 21 U.S.C. § 846 (Count I), and one count of being a felon in possession of a firearm, in violation of 18 U.S.C. §922(g)(1) (Count V), as set forth in the Indictment.
I find no clear error in Judge DeSoto's Findings and Recommendation (Doc. 45), 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 Christopher David Barlow's motion to change plea (Doc. 38) is GRANTED and Christopher David Barlow is adjudged guilty as charged in Counts I and V of the Indictment.
DATED this 1st day of November, 2019.
/s/_________
Dana L. Christensen, Chief District Judge
United States District Court