Opinion
CR-18-43-GF-BMM-JTJ
10-09-2018
UNITED STATES OF AMERICA, Plaintiff, v. JAHMEL HALABI, Defendant.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING MOTION TO CHANGE PLEA
Defendant Jahmel Halabi appeared before United States Magistrate Judge John Johnston on August 30, 2018, and entered a plea of guilty to one count of Possession with Intent to Distribute Methamphetamine. Judge Johnston entered Findings and Recommendations on August 30, 2018. (Doc. 29).
Judge Johnston determined: (1) that Halabi was fully competent and capable of entering an informed and voluntary plea; (2) that Halabi was aware of the nature of the charges against her and the consequences of pleading guilty to Possession with Intent to Distribute Methamphetamine as charged in the Indictment; (3) that Halabi understood her constitutional rights, and the extent to which she was waiving those rights by pleading guilty; and (4) that Halabi's plea of guilty was a knowing and voluntary plea supported by an independent basis in fact establishing each of the essential elements of the offense charged in the Indictment. Id. at 1-2.
Judge Johnston recommended that this Court accept Halabi's plea of guilty to Possession with Intent to Distribute Methamphetamine as charged in the Indictment. 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. 29) is ADOPTED IN FULL. Halabi's Motion to Change Plea (Doc. 21) is GRANTED.
DATED this 9th day of October, 2018.
/s/_________
Brian Morris
United States District Court Judge