United Statesv.Wolff

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISIONMar 16, 2018
CR 17-125-BLG-DLC (D. Mont. Mar. 16, 2018)

CR 17-125-BLG-DLC

03-16-2018

UNITED STATES OF AMERICA, Plaintiff, v. DUSTIN LEE WOLFF, Defendant.


ORDER

United States Magistrate Judge Timothy J. Cavan entered Findings and Recommendation in this matter on February 27, 2018. 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 Cavan recommended this Court accept Dustin Lee Wolff's guilty plea after Wolff appeared before him pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to conspiracy to distribute and to possess with intent to distribute methamphetamine in violation of 21 U.S.C. § 846 as set forth in Count I of the Indictment.

I find no clear error in Judge Cavan's Findings and Recommendation (Doc. 33), and I adopt them in full.

Accordingly, IT IS ORDERED that Dustin Lee Wolff's motion to change plea (Doc. 24) is GRANTED and Dustin Lee Wolff is adjudged guilty as charged in Count I of the Indictment.

DATED this 16th day of March, 2018.

/s/_________


Dana L. Christensen, Chief District Judge


United States District Court