Opinion
CR 21-26-M-DWM
10-22-2021
UNITED STATES OF AMERICA, Plaintiff, v. GEORGE THOMAS WALKER, Defendant.
ORDER
DONALD W. MOLLOY, DISTRICT JUDGE UNITED STATES DISTRICT COURT
United States Magistrate Judge Kathleen L. DeSoto entered Findings and Recommendation in this matter on October 7, 2021. 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 George Thomas Walker's guilty plea after Walker appeared before her pursuant to Federal Rule of Criminal Procedure 11, and entered his plea of guilty to one count of possession with the intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1) (Count II), as set forth in the Indictment filed against him. Defendant further agrees to the forfeiture allegation in the Indictment. In exchange for Defendant's plea, the United States has agreed to dismiss Counts I, III, and IV of the Indictment.
I find no clear error in Judge DeSoto's Findings and Recommendation (Doc. 30), 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 George Thomas Walker's motion to change plea (Doc. 19) is GRANTED. George Thomas Walker is adjudged guilty as charged in Count II of the Indictment.