Opinion
CR-18-51-GF-BMM-JTJ
10-18-2018
UNITED STATES OF AMERICA, Plaintiff, v. CODY DAVID PAINE, Defendant.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING MOTION TO CHANGE PLEA
Defendant Cody Paine appeared before United States Magistrate Judge John Johnston on September 11, 2018, and entered a plea of guilty to one count of Possession with Intent to Distribute Methamphetamine. Judge Johnston entered Findings and Recommendations on September 11, 2018. (Doc. 30).
Judge Johnston determined: (1) that Paine was fully competent and capable of entering an informed and voluntary plea; (2) that Paine was aware of the nature of the charges against him and the consequences of pleading guilty to Possession with Intent to Distribute Methamphetamine as charged in the Indictment; (3) that Paine understood his constitutional rights, and the extent to which he was waiving those rights by pleading guilty; and (4) that Paine'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 Paine'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. 30) is ADOPTED IN FULL. Paine's Motion to Change Plea (Doc. 24) is GRANTED.
DATED this 18th day of October, 2018.
/s/_________
Brian Morris
United States District Court Judge