Report and Recommendation on Guilty Plea — U.S. v. Adan Aguilar Benitez, 1:26-CR-263 (W.D. Tex. May 26, 2026)

Summary

A Report and Recommendation of the United States Magistrate Judge, Document 17 in Case 1:26-cr-00263-ABD, filed 05/26/26, in the U.S. District Court for the Western District of Texas, Austin Division, in United States of America v. Adan Aguilar Benitez, No. 1:26-CR-263. It states that the defendant pled guilty to a single-count information or indictment charging Illegal Reentry after Deportation or Removal in violation of Title 8, United States Code § 1326, and that there is no plea agreement. The Magistrate Judge finds that the plea was made freely and voluntarily and that there is a factual basis. The Magistrate Court recommends that the District Court accept the plea and enter a Final Judgment of guilt. It gives fourteen (14) days to file objections and is signed May 26, 2026.

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       Case 1:26-cr-00263-ABD           Document 17        Filed 05/26/26     Page 1 of 3




                       IN THE UNITED STATES DISTRICT COURT
                        FOR THE WESTERN DISTRICT OF TEXAS
                                  AUSTIN DIVISION

UNITED STATES OF AMERICA                         §
                                                 §
v.                                               §            1:26-CR-263
                                                 §
ADAN AGUILAR BENITEZ,                            §
              Defendant.                         §


                         REPORT AND RECOMMENDATION
                    OF THE UNITED STATES MAGISTRATE JUDGE

TO:    THE UNITED STATES DISTRICT JUDGE

       The Magistrate Court submits this Report and Recommendation to the District Court

pursuant to 28 U.S.C. § 636(b)(3). The United States District Court referred this case to the United

States Magistrate Judge for the taking of the defendant’s felony guilty plea and for the defendant’s

allocution pursuant to Federal Rule of Criminal Procedure 11.

       The defendant and counsel appeared before the Magistrate Court. The undersigned

addressed the defendant personally in open court, informed the defendant of the admonishments

under Rule 11 of the Federal Rules of Criminal Procedure, and determined that the defendant

understood those admonishments.

       There is no plea agreement in this case. The defendant pled guilty to a single-count

information or indictment which charged the defendant with Illegal Reentry after Deportation or

Removal in violation of Title 8, United States Code § 1326.

       The Magistrate Judge finds the following:

1.     The defendant, with the advice of the defendant’s attorney, consented to enter this guilty

       plea before the Magistrate Judge, subject to final approval and sentencing by the District

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       Case 1:26-cr-00263-ABD            Document 17      Filed 05/26/26      Page 2 of 3




       Judge;

2.     The defendant fully understands the nature of the charges to which the defendant pled and

       possible penalties;

3.     The defendant understands the defendant’s constitutional and statutory rights, that those

       constitutional and statutory rights can be waived, and the meaning and effect of waiving

       those constitutional and statutory rights;

4.     The defendant does not waive the defendant’s right to appeal;

5.     The defendant’s plea was made freely and voluntarily;

6.     The defendant is competent to enter this guilty plea; and

7.     There is a factual basis for this plea.



                                     RECOMMENDATION

       The Magistrate Court RECOMMENDS the District Court accept the guilty plea and, after

reviewing the presentence investigation report, enter a Final Judgment of guilt against the

defendant.

                                            WARNING

       The parties may file objections to this Report and Recommendation. A party filing

objections must specifically identify those findings or recommendations to which objections are

being made. The District Court need not consider frivolous, conclusive, or general objections. See

Battle v. United States Parole Comm’n, 834 F.2d 419, 421 (5th Cir. 1987).

       A party’s failure to file written objections to the proposed findings and recommendations

contained within this Report within fourteen (14) days after being served with a copy of the Report


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       Case 1:26-cr-00263-ABD          Document 17       Filed 05/26/26      Page 3 of 3




shall bar that party from de novo review by the District Court of the proposed findings and

recommendations and, except upon grounds of plain error, shall bar the party from appellate review

of proposed factual findings and legal conclusions accepted by the District Court to which no

objections were filed. See 28 U.S.C. § 636(b)(1)(C); Thomas v. Arn, 474 U.S. 140, 150–53, 106

S. Ct. 466, 472–74 (1985); Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1428–29 (5th Cir.

1996) (en banc).



       SIGNED on May 26, 2026.

                                             __________________________________

                                             MARK LANE
                                             UNITED STATES MAGISTRATE JUDGE




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