United States Magistrate Judge Jeremiah C. Lynch entered Findings and Recommendation in this matter on March 21, 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 Steven Dee Norred's guilty plea after Norred appeared before him pursuant to Federal Rule of Criminal Procedure 11, and entered his plea of guilty to four counts of bank robbery in violation of 18 U.S.C. § 2113(a) (Counts I through V), and one count of possessing and brandishing a firearm in furtherance of a crime of violence — that being bank robbery — in violation of 18 U.S.C. § 924(c)(1)(A)(ii) (Count VI), all as alleged in the Information filed against him.
I find no clear error in Judge Lynch's Findings and Recommendation (dkt # 21), 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 HEREBY ORDERED that Steven Dee Norred's motion to change plea (dkt #12) is GRANTED.
DONALD W. MOLLOY, DISTRICT JUDGE
UNITED STATES DISTRICT COURT