Opinion
CR 18-10-BU-DLC
09-17-2018
UNITED STATES OF AMERICA, Plaintiff, v. CURTIS DION EARLEY, Defendant.
ORDER
United States Magistrate Judge Jeremiah C. Lynch entered Findings and Recommendation in this matter on August 28, 2018. 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 Lynch recommended this Court accept Curtis Dion Earley's guilty plea after Earley appeared before him pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) as set forth in the Indictment.
I find no clear error in Judge Lynch's Findings and Recommendation (Doc. 21), 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 Curtis Dion Earley's motion to change plea (Doc. 13) is GRANTED and Curtis Dion Earley is adjudged guilty as charged in the Indictment.
DATED this 17th day of September, 2018.
/s/_________
Dana L. Christensen, Chief District Judge
United States District Court