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United States v. Hurd

United States District Court, Ninth Circuit

May 31, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
JOSEPH JOHN HURD, Defendant.

ORDER

DANA L. CHRISTENSEN, District Judge.

United States Magistrate Judge Jeremiah C. Lynch entered Findings and Recommendation in this matter on May 8, 2013. 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 Joseph John Hurd's guilty plea after Hurd appeared before him pursuant to Federal Rule of Criminal Procedure 11, and entered his plea of guilty to one count of conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846 as set forth in the Superseding Information.

I find no clear error in Judge Lynch's Findings and Recommendation (doc. 25), 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 Joseph John Hurd's motion to change plea (doc. 17) is GRANTED.


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