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govinfo:USCOURTS-mtd-2_25-cr-00028-1

U.S. District Court for the District of Montana · 2025-11-03

· GavelSight synced 2026-09-06 03:47:45

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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF MONTANA 
BUTTE DIVISION 
 
 
UNITED STATES OF AMERICA, 
 
  Plaintiff, 
 
 vs. 
 
SALOMON NICASIO-PANTIN, 
 
  Defendant. 
 
CR 25–28–BU–DLC 
                  
 
 
ORDER 
 
Before the Court is United States Magistrate Judge Kathleen L. DeSoto’s 
Findings & Recommendation Concerning Plea. (Doc. 24.) 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). 
Salomon Nicasio-Pantin is charged with one count of possession of a 
fraudulent immigration document, in violation of 18 U.S.C. § 1546(a) (Count I), 
one count of misuse of a social security number, in violation of 42 U.S.C. § 
408(a)(7)(B) (Count II), and possession of a fraudulent identification document, in 
Case 2:25-cr-00028-DLC     Document 29     Filed 11/03/25     Page 1 of 2
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violation of 18 U.S.C. § 1029(a)(6) (Count III).  (Doc. 2.) Judge DeSoto 
recommends that this Court accept Nicasio-Pantin’s guilty plea as to Count I 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. 24) is ADOPTED in full.   
IT IS FURTHER ORDERED that Nicasio-Pantin’s motion to change plea 
(Doc. 16) is GRANTED.  
IT IS FURTHER ORDERED that Nicasio-Pantin is adjudged guilty as 
charged in Count I of the Indictment.  
DATED this 3rd day of November, 2025.  
 
      
Case 2:25-cr-00028-DLC     Document 29     Filed 11/03/25     Page 2 of 2

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