USA v. Ramirez-Valdivia et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.
ENRIQUE ISRAEL RAMIREZ-
VALDIVIA,
Defendant.
CR 24–52–M–DLC
ORDER
Before the Court is United States Magistrate Judge Kathleen L. DeSoto’s
Findings & Recommendation Concerning Plea. (Doc. 70.) Because neither party
objected, they are not entitled to de novo review. 28 U.S.C. § 636(b)(1); United
States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Therefore, the Court
reviews 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).
Defendant Enrique Israel Ramirez-Valdivia is charged with one count of
conspiracy to possess with the intent to distribute and to distribute
methamphetamine, in violation of 21 U.S.C. § 846 (Count I) and one count of
possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §
Case 9:24-cr-00052-DLC Document 72 Filed 11/12/25 Page 1 of 2

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841(a)(1) and 18 U.S.C. § 2 (Count II). (Doc. 2.) Judge DeSoto recommends that
this Court accept Ramirez-Valdivia’s guilty plea as to Count II after he appeared
before her pursuant to Federal Rule of Criminal Procedure 11. The Court finds no
clear error in Judge DeSoto’s Findings and Recommendation and adopts 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 Judge DeSoto’s Findings and
Recommendation (Doc. 70) is ADOPTED in full.
IT IS FURTHER ORDERED that Ramiriz-Valdivia’s motion to change plea
(Doc. 63) is GRANTED.
IT IS FURTHER ORDERED that Enrique Israel Ramirez-Valdivia is
adjudged guilty as charged in Count II of the Indictment.
DATED this 12th day of November, 2025.
Case 9:24-cr-00052-DLC Document 72 Filed 11/12/25 Page 2 of 2