Report and Recommendation on Plea — United States v. Mario Moreno (N.D. Tex.)

Summary

A Report and Recommendation on Plea Before the United States Magistrate Judge, Document 26, filed 07/03/24, Case 5:24-cr-00040-H-BV, United States of America v. Mario Moreno, Northern District of Texas, Lubbock Division. The report states that the defendant pleaded guilty, under a written plea bargain agreement with the government, to Count One of the Indictment, which the report describes as Illegal Re-Entry. The magistrate judge finds, among other points, that the defendant is competent to enter the plea and that there is a factual basis for it. The report recommends that the plea of guilty be accepted, that the defendant be adjudged guilty, and that sentence be imposed accordingly. It states that the United States district judge has final decision-making authority.

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Full text

Case 5:24-cr-00040-H-BV      Document 26         Filed 07/03/24   Page 1 of 2   PageID 47

                   IN THE UNITED STATES DISTRICT COURT                                    .




                   FORTHE NORTHERNI DISTRICT OF TEXAS


TJNITtrD STATtrS OF AMERICA
                             LUBBOCK DIVISION

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V                                            $         CASE NO. 5 : 24-CR-040-H-BQ- 1
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MARIO MORENO                                 $


                 REPORT AND RECOMMENDATION ON PLEA
              BEFORE THE UNITED STATES MAGISTRATE JUDGE

       This case has been referred by the United States district judge to the undersigned

for the taking of a guilty plea. The parties have consented to appear before a United States

magistrate judge for these purposes. This Report and Recommendation on Plea is submitted

to the court under 28 U.S.C. $ 636(bX3).

       The defendant appeared with counsel before the undersigned United States

magistrate judge, who addressed the defendant personally in open court and informed the

defendant of, and determined that tfr. O"f.nOant understood, the admonitions contained in

Rule 11 of the Federal Rules of Criminal Procedure.

       The defendant pleaded guilty (under a written plea bargain agreement with the

government) to Count One of the Indictment, charging defendant with a violatton of

 8 U.S.C. $ 1326(a) and 6 U.S.C. SS 202(3),202(4), and 557, that is, Illegal Re-Entry Afte'

Deportation. After examining Defendant under oath the undersigned magistrate judge

 finds the following:

        1   Defendant, upon advice of counsel, has consented orally and in writing
            to enter this guilty plea before a magistrate judge, subject to final
            approval and sentencing by the presiding district judge;
Case 5:24-cr-00040-H-BV       Document 26     Filed 07/03/24     Page 2 of 2     PageID 48

      2. Defendant fully understands the nature of the charges (including each
           essential element of the offense(s) charged) and penalties;

      3. Defendant fully understands the terms of the plea agreement and plea
           agreement supplement;

      4. Defendant understands all constitutional and statutory rights and wishes
          to waive these rights, including the right to a trial by jury and the right
          to appear before a United States district judge;

      5. Defendant's plea is made freely and voluntarily;
      6. Defendant is competent to enter this plea of guilty;
      7. There is a factual basis for this plea; and
      8. The ends ofjustice are served by acceptance of the defendant's plea of
           guilty.

      Although I have conducted these proceedings and recommend acceptance of

Defendant's plea of guilty, the United States district judge has the power to review my

actions and possesses final decision-making authority in this proceeding. Thus, if

Defendant has any objections to these findings or any other action of the undersigned, he

is required to make those known to the United States district judge within fourteen (14)

days of today.

       Based on the above, I recommend that Defendant's plea of guilty be accepted, that

Defendant be adjudged guilty, and that sentence be imposed accordingly.

       Signed July 3, 2024.




                                               f). Go     o BRYANT
                                               UxrrED Sr,trns MAG              TE Juocn


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