USA v. Hernandez-Diaz

1 of 3
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 25-CR-14067-MIDDLEBROOKS/MAYNARD
UNITED STATES OF AMERICA,
Plaintiff,
v.
MARIANO HERNANDEZ-DIAZ,
Defendant.
_________________________________/
REPORT AND RECOMMENDATION ON CHANGE OF PLEA
THIS CAUSE comes before me upon an Order of Reference. Having conducted a Change
of Plea Hearing, I recommend to the District Court as follows:
1. I convened a hearing to permit the Defendant to change his plea in this criminal
case on January 13, 2026. The hearing was translated to the Defendant by the Court’s Spanish
language interpreter. The Defendant indicated to me that he was able to understand what was
being said to him throughout the hearing.
2. At the hearing’s outset, I advised the Defendant of his right to have the District
Judge assigned to this case conduct this proceeding. I advised the Defendant that I was conducting
the Change of Plea Hearing at the request of the Defendant, the Defendant’s attorney, and the
Assistant United States Attorney assigned to this case. I advised the Defendant that the District
Judge assigned to this case will be the sentencing judge, will make all findings and rulings
concerning the Defendant’s sentence, and will schedule and conduct the Sentencing Hearing. I
advised the Defendant that he did not have to permit me to conduct this hearing but could request
a United States District Judge to conduct the Change of Plea Hearing instead. The Defendant, the
Case 2:25-cr-14067-DMM Document 18 Entered on FLSD Docket 01/13/2026 Page 1 of 3

2 of 3
Defendant’s attorney, and the Assistant United States Attorney assigned to the case all agreed on
the record and consented to have a United States Magistrate Judge conduct the Change of Plea
Hearing.
3. I conducted the plea colloquy in accordance with the outline set forth in the Bench
Book for District Judges.
4. There is no written plea agreement in this case. Therefore, I read the Indictment
to the Defendant. The Defendant pleaded guilty to the sole count of the Indictment. The
Indictment charges the Defendant with being an alien who was previously removed from the
United States on or about August 10, 2017, and February 18, 2020; who later returned to the United
States knowingly and unlawfully; who was found back in the United States without the express
consent of the Attorney General of the United States or her successor, the Secretary of Homeland
Security (6 U.S.C. §§ 202(3), 202(4), and 557) to his reapplying for admission into the United
States; in violation of 8 U.S.C. § 1326(a). DE 1.
5. The maximum statutory penalties were announced on the record. The Defendant
acknowledged his understanding of the maximum statutory penalties that could be imposed against
him in this case. I advised the Defendant of the possibility of the Defendant’s deportation after
sentencing as an additional consequence of his guilty plea. The Defendant acknowledged that he
and his attorney have discussed his possible deportation as a result of this offense.
6. The parties submitted a written Stipulation of Facts and Acknowledgment of
Offense Elements in Support of Guilty Plea (“Stipulation”), which was signed by counsel for the
Government, counsel for the Defendant, and the Defendant. DE 17. The Stipulation was translated
to the Defendant from English to Spanish before he signed it. The Stipulation was read into the
record. The Defendant acknowledged that he signed the Stipulation, understands it, and has had
Case 2:25-cr-14067-DMM Document 18 Entered on FLSD Docket 01/13/2026 Page 2 of 3

3 of 3
the opportunity to fully discuss it with his attorney. The Defendant agreed that the Stipulation is
true and correct, and accurately sets forth the facts in his case as he understands them to be. I find
that the Stipulation sets forth each of the essential elements of the crime to which the Defendant is
pleading guilty.
7. Based on the foregoing and the plea colloquy that I conducted, I find that the
Defendant enters his guilty plea freely and voluntarily. I accept his guilty plea and recommend to
the District Court that it adjudicate him guilty of the offense charged in the Indictment.
ACCORDINGLY, I recommend to the District Court that the Defendant’s guilty plea to
the Indictment be accepted; that the Defendant be adjudicated guilty of the offense to which he
pleads guilty; and that a Sentencing Hearing be conducted for final disposition of this case.
The parties shall have fourteen (14) days from the date of this Report and Recommendation
within which to file objections, if any, with the Honorable Donald M. Middlebrooks, the United
States District Judge assigned to this case. Pursuant to Federal Rule of Criminal Procedure
59(b)(2), the failure to file a timely objection to this Report and Recommendation waives the
party’s right to review and bars the party from attacking on appeal any legal rulings or fact findings
contained herein.
DONE AND SUBMITTED in Chambers at Fort Pierce, Florida, this ____ day of January,
2026.
________________________________
SHANIEK MILLS MAYNARD
U.S. MAGISTRATE JUDGE
Case 2:25-cr-14067-DMM Document 18 Entered on FLSD Docket 01/13/2026 Page 3 of 3