Opinion
CR 11-01-H-DWM-1.
August 30, 2011
ORDER
United States Magistrate Judge Jeremiah C. Lynch entered Findings and Recommendation in this matter on August 9, 2011. 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 Anthony Steven Rodriguez's guilty plea after Rodriguez appeared before him pursuant to Federal Rule of Criminal Procedure 11, and entered his plea of guilty to one count of conspiracy to sexually exploit children in violation of 18 U.S.C. § 2251(a), (e) (Count I), one count of sexual exploitation of children in violation of 18 U.S.C. § 2251(a) (Count II), and one count of conspiracy to distribute child pornography in violation of 18 U.S.C. § 2252A(a)(2) (Count III) as set forth in the Indictment.
I find no clear error in Judge Lynch's Findings and Recommendation (dkt # 77), and I adopt them in full, including the recommendation to defer acceptance of the plea until sentencing when the Court will have reviewed the Presentence Investigation Report.
Accordingly, IT IS HEREBY ORDERED that Anthony Steven Rodriguez's motion to change plea (dkt # 61) is GRANTED.