govinfo:USCOURTS-mtd-2_25-cr-00026-2

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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF MONTANA 
BUTTE DIVISION 
 
 
UNITED STATES OF AMERICA, 
 
  Plaintiff, 
 
 vs. 
 
APRIL LYNN TURNER-GROSS, 
 
  Defendant. 
 
CR 25–26–BU–DLC 
                  
 
 
ORDER 
 
Before the Court is United States Magistrate Judge Kathleen L. DeSoto’s 
Findings & Recommendation Concerning Plea. (Doc. 49.) 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 April Lynn Turner-Gross is charged with one count of conspiracy 
to commit bank fraud, in violation of 18 U.S.C. § 1349 (Count 1), six counts of 
bank fraud, in violation of 18 U.S.C. §§ 1344 and 2 (Counts 2–7), and six counts of 
aggravated identity theft, in violation of 18 U.S.C. §§ 1028A(a)(1) and (2) (Counts 
Case 2:25-cr-00026-DLC     Document 56     Filed 11/12/25     Page 1 of 2
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8–13). (Doc. 2.) Judge DeSoto recommends that this Court accept Turner-Gross’s 
guilty plea as to Count 2 and Count 8 after she 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. 49) is ADOPTED in full.   
IT IS FURTHER ORDERED that Turner-Gross’s motion to change plea 
(Doc. 35) is GRANTED.  
IT IS FURTHER ORDERED that April Lynn Turner-Gross is adjudged 
guilty as charged in Counts 2 and 8 of the Indictment.  
DATED this 12th day of November, 2025.  
 
      
Case 2:25-cr-00026-DLC     Document 56     Filed 11/12/25     Page 2 of 2

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