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United States v. Herbert

United States District Court, District of Montana
Apr 7, 2023
CR 22-133-BLG-DLC (D. Mont. Apr. 7, 2023)

Opinion

CR 22-133-BLG-DLC

04-07-2023

UNITED STATES OF AMERICA, Plaintiff, v. JEFFREY EUGENE HERBERT, Defendant.


ORDER

Dana L. Christensen, District Judge United States District Court.

United States Magistrate Judge Timothy J. Cavan entered Findings and Recommendation in this matter on March 16, 2023. (Doc. 44.) Neither party objected and therefore they are not entitled to de novo review. 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 Cavan recommends that this Court accept Defendant Jeffrey Eugene Herbert's guilty plea after he appeared before him pursuant to Rule 11 of the Federal Rules of Criminal Procedure, and entered a guilty plea to one count of production of child pornography, in violation of 18 U.S.C. § 2251(a) (Count 1), and one count of possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B) (Count 6), as set forth in the Superseding Indictment. Reviewing for clear error, the Court finds none.

Accordingly, IT IS ORDERED that Judge Cavan's Findings and Recommendation (Doc. 44) is ADOPTED in full.

IT IS FURTHER ORDERED that Mr. Herbert's motion to change plea (Doc. 34) is GRANTED and Jeffrey Eugene Herbert is adjudged guilty as charged in Counts 1 and 6 of the Superseding Indictment.


Summaries of

United States v. Herbert

United States District Court, District of Montana
Apr 7, 2023
CR 22-133-BLG-DLC (D. Mont. Apr. 7, 2023)
Case details for

United States v. Herbert

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. JEFFREY EUGENE HERBERT, Defendant.

Court:United States District Court, District of Montana

Date published: Apr 7, 2023

Citations

CR 22-133-BLG-DLC (D. Mont. Apr. 7, 2023)