govinfo:USCOURTS-mtd-2_25-cr-00012-1

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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF MONTANA 
BUTTE DIVISION 
 
 
UNITED STATES OF AMERICA, 
 
  Plaintiff, 
 
 vs. 
 
SHAWN TROY THUMPER 
SACCHERI, 
 
  Defendant. 
 
CR 25–12–BU–DLC 
                  
 
 
ORDER 
 
Before the Court is United States Magistrate Judge Kathleen L. DeSoto’s 
Findings & Recommendation Concerning Plea. (Doc. 33.) 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). 
Shawn Troy Thumper Saccheri is charged with one count of prohibited 
person in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1) (Count I) 
and one count of possession of an unregistered firearm, in violation of 26 U.S.C. 
§§ 5845, 5861(d), and 5871 (Count II). (Doc. 2.) Judge DeSoto recommends that 
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this Court accept Thumper Saccheri’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. In light of the United States’ motion for preliminary order of 
forfeiture (Doc. 34), the Court will address the issue of forfeiture by separate order. 
Accordingly, IT IS ORDERED that Judge DeSoto’s Findings and 
Recommendation (Doc. 33) is ADOPTED in full.   
IT IS FURTHER ORDERED that Thumper Saccheri’s motion to change 
plea (Doc. 21) is GRANTED.  
IT IS FURTHER ORDERED that Shawn Troy Thumper Saccheri is 
adjudged guilty as charged in Count I of the Indictment.  
DATED this 30th day of October, 2025.  
 
      
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