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United States v. Sutherland

United States District Court, Ninth Circuit

November 27, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
GEORGE THEODORE SUTHERLAND, Defendant.

ORDER

DANA L. CHRISTENSEN, Chief District Judge.

United States Magistrate Judge Keith Strong entered Findings and Recommendation in this matter on November 7, 2013. Neither party objected and therefore they are not entitled to de novo review of the record. 28 U.S.C. ยง 636(b)(I); 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 ifthe Court is left with a "defmite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000).

Judge Strong recommended this Court accept George Theodore Sutherland's guilty plea after Sutherland appeared before him pursuant to Federal Rule of Criminal Procedure 11, and entered a plea ofguilty to one count of Assault Resulting in Serious Bodily Injury, as set forth in the Superseding Information.

I find no clear error in Judge Strong'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 George Theodore Sutherland's motion to change plea (Doc. 15) is GRANTED.


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