Order Adopting Report and Recommendation — No. 4:22-cr-00237 (Dkt. 16, D. Idaho)

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Order of the U.S. District Court for the District of Idaho by Judge B. Lynn Winmill in United States v. Nels C. Anderson, case 4:22-cr-00237, Document 16, dated November 28, 2022. The magistrate judge took the defendant's change of plea under a written plea agreement on November 9, 2022 and recommended acceptance (Dkt. 12), and no objections were filed. Finding that Rule 11 was met, the order adopts the recommendation, accepts the guilty plea to Count One of the Information (Dkt. 1) and finds the defendant guilty.

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           Case 4:22-cr-00237-BLW Document 16 Filed 11/28/22 Page 1 of 2




                            UNITED STATES DISTRICT COURT

                             FOR THE DISTRICT OF IDAHO

UNITED STATES OF AMERICA,

               Plaintiff,                       Case No. 4:22-cr-00237-BLW

      v.                                        ORDER ADOPTING REPORT
                                                AND RECOMMENDATION
NELS C. ANDERSON,

               Defendant.


      Before the Court is a Report and Recommendation filed by the United States

Magistrate Judge. (Dkt. 12). On November 9, 2022, Defendant appeared before

the Magistrate Judge to enter a change of plea pursuant to a written plea

agreement. The Magistrate Judge conducted the plea hearing and concluded there

is a factual basis for Defendant’s plea of guilty to the charges contained in Count

One of the Information (Dkt. 1), and that it was entered voluntarily and with full

knowledge of the consequences. No objections to the Report and Recommendation

have been filed.

      The Court now has reviewed the record and finds that the requirements of

Rule 11 have been met. See United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir.

2003). Specifically, the Court finds that the Magistrate Judge adhered to the

requirements of Rule 11(b); that under Rule 11(b)(2), the Defendant’s plea was




ORDER ADOPTING REPORT AND RECOMMENDATION - 1
           Case 4:22-cr-00237-BLW Document 16 Filed 11/28/22 Page 2 of 2




voluntary and not the result of force or threats or promises apart from the plea

agreement; and that a factual basis for the plea exists. See id. Accordingly,

      NOW THEREFORE IT IS HEREBY ORDERED that the Report and

Recommendation (Dkt. 12) shall be, and the same is hereby, ADOPTED as the

decision of the District Court and incorporated fully herein by reference.

      IT IS FURTHER ORDERED that the Defendant’s plea of guilty to the

crimes charged in Count One of the Information (Dkt. 1) shall be, and the same is

hereby, ACCEPTED by the Court as a knowing and voluntary plea supported by

an independent basis in fact containing each of the essential elements of the

offense.

      IT IS FURTHER ORDERED that Defendant Nels C. Anderson is found

GUILTY as to the applicable crimes charged in Count One of the Information.

(Dkt 1).

                                              DATED: November 28, 2022


                                              _________________________
                                              B. Lynn Winmill
                                              U.S. District Court Judge




ORDER ADOPTING REPORT AND RECOMMENDATION - 2


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