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United States v. Gagne

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION
Jul 19, 2019
CR 19-12-BU-DLC (D. Mont. Jul. 19, 2019)

Opinion

CR 19-12-BU-DLC

07-19-2019

UNITED STATES OF AMERICA, Plaintiff, v. BRUCE ALAN GAGNE, Defendant.


ORDER

United States Magistrate Judge Jeremiah C. Lynch entered Findings and Recommendation in this matter on June 20, 2019. 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 Bruce Alan Gagne's guilty plea after Gagne appeared before him pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to one count of possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B), as set forth in the Superseding Information.

I find no clear error in Judge Lynch's Findings and Recommendation (Doc. 26), 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 Bruce Alan Gagne's motion to change plea (Doc. 16) is GRANTED and Bruce Alan Gagne is adjudged guilty as charged in the Superseding Information.

DATED this 19th day of July, 2019.

/s/_________

Dana L. Christensen, Chief District Judge

United States District Court


Summaries of

United States v. Gagne

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION
Jul 19, 2019
CR 19-12-BU-DLC (D. Mont. Jul. 19, 2019)
Case details for

United States v. Gagne

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. BRUCE ALAN GAGNE, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION

Date published: Jul 19, 2019

Citations

CR 19-12-BU-DLC (D. Mont. Jul. 19, 2019)