IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION
July 30, 2012
UNITED STATES OF AMERICA,
BRANDY SUE BURKOWSKI, DEFENDANT.
United States Magistrate Judge Jeremiah C. Lynch entered Findings and Recommendation in this matter on July 10, 2012. 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 Brandy Sue Burkowski's guilty plea after Burkowski appeared before him pursuant to Federal Rule of Criminal Procedure 11, and entered her plea of guilty to one count of conspiracy to distribute methamphetamine in violation of 21 U.S.C. § 846 (Count I) as set forth in the Indictment.
I find no clear error in Judge Lynch's Findings and Recommendation (dkt # 54), 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 Brandy Sue Burkowski's motion to change plea (dkt # 40) is GRANTED.
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