Memorandum and Recommendation — No. 5:23-cr-00599 (Dkt. 43, W.D. Tex.)

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A Memorandum and Recommendation, Document 43, filed February 5, 2025 in United States v. James Michael Bergeron, No. SA:23-CR-00599(1)-JKP (Case 5:23-cr-00599-JKP), in the U.S. District Court for the Western District of Texas, San Antonio Division. It records that the defendant appeared before a United States magistrate judge on February 05, 2025 and entered a guilty plea, and that the magistrate judge made findings that he was competent, consented to plead before a magistrate judge, understood the charge and penalties, and that the plea was voluntary and supported by a factual basis. The magistrate judge recommends that the guilty plea be accepted and a judgment of guilt entered, and the document gives notice of the 14-day period to object.

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Case 5:23-cr-00599-JKP Document43 Filed 02/05/25 Page1of3

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION

UNITED STATES OF AMERICA
Plaintiff,

No.: SA:23-CR-00599(1)-JKP
vs.

(1) JAMES MICHAEL BERGERON
Defendant,

MEMORANDUM AND RECOMMENDATION

Pursuant to the referral by the district judge, the defendant, defendant's attorney and
the attomey for the government appeared before the undersigned magistrate judge on February
05, 2025, for the purpose of defendant's entry of a plea of guilty. At that time defendant entered
a guilty plea as stated in the record. The magistrate judge addressed the defendant personally in
open court and, after assuring that defendant was competent to proceed and had consented to
pleading guilty before a magistrate judge, admonished the defendant in accordance with Rule 11,
Fed.R.Crim.P., of the nature of the charge, the possible penalties, defendant's constitutional and
statutory rights, and the consequences of pleading guilty. Defendant acknowledged
understanding these admonishments. The undersigned also addressed defendant concerning the
voluntariness of the guilty plea. Finally, the undersigned assured the existence of a factual basis
for the guilty plea. Based upon the answers to the court's questions from defendant and from

counsel, the magistrate judge makes the following findings:

1. the defendant is competent to stand trial;
2. the defendant has consented to plead guilty before a magistrate judge;

3. the defendant fully understands the nature of the charge and the penalties;
Case 5:23-cr-00599-JKP Document 43 Filed 02/05/25 Page 2 of 3

4, the defendant understands defendant's constitutional and statutory rights and
desires to waive them;

5. the defendant's plea is freely, knowingly and voluntarily made; and
6. there is a factual basis for the plea.
RECOMMENDATION
It is, therefore, the recommendation of the Magistrate Judge that the guilty plea be
ACCEPTED and that a judgment of guilt be entered against defendant.

Instructions for Service and
Notice of Right to Appeal / Object

The United States District Clerk shall serve a copy of this Memorandum and
Recommendation on all parties either (1) electronic transmittal to all parties represented by an
attorney registered as a Filing User with the Clerk of Court pursuant to the Court's Procedural
Rules for Electronic Filing in Civil and Criminal Cases; or (2) by certified mail, return receipt
requested, to any party not represented by an attorney registered as a Filing User. Pursuant to
Title 28 U.S.C. Section 636 (b) (1) and Rule 59(b)(2), Fed.R.Crim.P., any party who desires to
object to this report must serve and file written objections to the Memorandum and
Recommendation within 14 days after being served with a copy unless this time period is
modified by the district court. A party filing objections must specifically identify those findings,
conclusions or recommendations to which objections are being made and _ the basis for such
objections; the district court need not consider frivolous, conclusory or general objections. Such
party shall file the objections with the clerk of court, and serve the objections on all other
parties and the magistrate judge. A party's failure to file written objections to the proposed

findings, conclusions and recommendations contained in this report shall bar the party from a de
Case 5:23-cr-00599-JKP Document 43 Filed 02/05/25 Page 3of3

novo determination by the district court. See Thomas v. Arn, 474 U.S. 140, 150, 106 S.Ct. 466,
472, 88 L.Ed.2d 435 (1985). Additionally, any failure to file written objections to the proposed
findings, conclusions and recommendation contained in this Memorandum and Recommendation
within 14 days after being served with a copy shall bar the aggrieved party, except upon grounds
of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal
conclusions accepted by the district court. Douglass v. United Services Automobile

Association, 79 F.3d 1415, 1428-29 (Sth Cir. 1996).

SIGNED on February 05, 2025.

UNITED STATES MAGISTRATE JUDGE


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