Report and Recommendation on Plea of Guilty — USA v. Luis Gerardo Benitez, No. 3:25-cr-02451 (W.D. Tex.)

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A Report and Recommendation of Magistrate Judge Upon Defendant's Plea of Guilty, Document 26, filed 10/30/25, in USA v. Luis Gerardo Benitez, No. EP:25-CR-02451(1)-DCG, Western District of Texas, El Paso Division. It states that on the 30th day of October, 2025, the Defendant pled guilty to the Indictment charging Escape, in violation of Title 18 U.S.C. § 751. The Court's listed findings include that the Defendant consented to a guilty plea before a Magistrate Judge, was not induced by any promises or threats, is competent, and made the plea freely, knowingly, and voluntarily, with a factual basis. It recommends that the plea of guilty be accepted and a judgment of guilt be entered. The signature block names Laura Enriquez, United States Magistrate Judge.

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               Case 3:25-cr-02451-DCG          Document 26        Filed 10/30/25      Page 1 of 3




                               UNITED STATES DISTRICT COURT
                                WESTERN DISTRICT OF TEXAS
                                     EL PASO DIVISION

USA                                                 §
                                                    §
vs.                                                 §    NO: EP:25-CR-02451(1)-DCG
                                                    §
(1) LUIS GERARDO BENITEZ                            §

                   REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE
                           UPON DEFENDANT’S PLEA OF GUILTY

       On this 30th day of October, 2025, the Defendant and counsel appeared before the Court. After being

admonished as required by Rule 11, Fed. R. Crim. P., the Defendant pled guilty to the Indictment charging

him/her with Escape, in violation of Title 18 U.S.C. § 751.

       Accordingly, the Court makes the following findings:

       1.      The Defendant has consented to the entry of a guilty plea before a Magistrate Judge, subject to

               final approval and sentencing by the presiding United States District Judge.

       2.      The Defendant fully understands the oath and the consequences of failing to tell the truth at the

               plea hearing.

       3.      The Defendant fully understands the right to plead “not guilty” and to be tried by a jury.

       4.      The Defendant fully understands the right to be represented by counsel at trial and at every other

               stage of the proceeding.

       5.      The Defendant fully understands the right to a trial and that if the Defendant were to elect to go

               to trial, the Defendant would have the right to confront and cross-examine adverse witnesses, to

               be protected from compelled self-incrimination, to testify and present evidence, and to compel

               the attendance of witnesses.
      Case 3:25-cr-02451-DCG             Document 26       Filed 10/30/25     Page 2 of 3

6.    The Defendant fully understands that if the guilty plea is accepted, there will not be a trial in this

      case.

7.    The Defendant fully understands the nature of the charge, the immigration consequences, and the

      maximum possible penalties, including any imprisonment, applicable mandatory minimum

      penalties, fine, term of supervised release, as well as any forfeiture or restitution. The defendant

      also understands the court’s obligation to impose a special assessment.

8.    The Defendant fully understands that in determining sentence, the sentencing court will consider

      the applicable Sentencing Guidelines, including any departures that might be applicable, as well

      as the sentencing factors under 18 U.S.C. § 3553(a). The Defendant also fully understands that

      although the sentencing court will consider the applicable sentencing guidelines, they are

      advisory in nature.

9.    The Defendant’s plea was not induced by any promises, and the Defendant’s plea was not

      induced by any threats, force or threats of force.

10.   The Defendant acknowledged that the Defendant’s attorney had explained the immigration

      consequences of the guilty plea.

11.   The Defendant is competent to enter a plea.

12.   The Defendant’s plea is made freely, knowingly, and voluntarily.

13.   There is a factual basis to support the plea of guilty.
               Case 3:25-cr-02451-DCG          Document 26       Filed 10/30/25     Page 3 of 3



                                            RECOMMENDATION

       Based on the foregoing, it is recommended to the district judge that the Defendant’s plea of

guilty be accepted and that a judgment of guilt be entered.

       SIGNED and ENTERED this 30th day of October, 2025.


                                                    ______________________________
                                                    LAURA ENRIQUEZ
                                                    UNITED STATES MAGISTRATE JUDGE



                                                    NOTICE

FAILURE TO FILE WRITTEN OBJECTIONS TO THE FINDINGS AND RECOMMENDATION
CONTAINED IN THE FOREGOING REPORT, PRIOR TO SENTENCING, MAY BAR DE NOVO
DETERMINATION BY THE DISTRICT JUDGE OF AN ISSUE COVERED HEREIN AND SHALL
BAR APPELLATE REVIEW OF SUCH FACTUAL FINDINGS AS MAY BE ACCEPTED OR
ADOPTED BY THE DISTRICT JUDGE.


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