USA v. Vindel-Tejeda

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 25-cr-80170-CANNON/McCABE
UNITED STATES OF AMERICA,
vs.
ARNOLDO NOEL VINDEL-TEJEDA,
Defendant.
REPORT AND RECOMMENDATION
FOLLOWING CHANGE OF PLEA HEARING
THIS CAUSE is before the Court upon Order of Reference from U.S. District Judge
Aileen M. Cannon and the consent of the parties for a U.S. Magistrate Judge to accept a guilty
plea by Defendant Arnoldo Noel Vindel-Tejeda. The Court held a change of plea hearing on
December 15, 2025, which was attended by Defendant, his counsel Peter Birch, and Assistant
U.S. Attorney Juan Albino. The Court hereby advises as follows:
1. The Court advised Defendant of his right to have the hearing conducted by the
presiding U.S. District Judge assigned to the case. The Court further advised Defendant that a
U.S. Magistrate Judge was conducting the change of plea hearing by Order of Reference from
the U.S. District Judge and as agreed to by Defendant, Defendant’s attorney, and the Assistant
United States Attorney assigned to this case. The Court further advised Defendant that his
sentence would be imposed by the presiding U.S. District Judge, who would make all findings
and rulings regarding such sentence and would conduct a sentencing hearing at a time set by
the U.S. District Judge.
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2. The Court advised Defendant that he did not have to permit the undersigned to
conduct this hearing and could require that the change of plea hearing be conducted by the U.S.
District Judge. Defendant, Defendant’s attorney, and the Assistant U.S. Attorney assigned to
the case all agreed on the record and consented to this Court conducting the change of plea
hearing.
3. The Court then conducted a plea colloquy in accordance with the outline set
forth in the Bench Book for U.S. District Judges and in conformity with the requirements of
Federal Rule of Criminal Procedure 11.
4. No written plea agreement has been entered into by the parties in this case. This
Court made certain that Defendant was aware of any maximum sentences which could be
imposed in this case pursuant to the plea agreement, sentencing guidelines, and applicable
statutes.
5. Defendant acknowledged that he was fully satisfied with the services of his
attorney and that he had full opportunity to discuss all facets of his case with his attorney, which
he acknowledged that he understood.
6. Defendant pled guilty to the Indictment which charges defendant, an alien,
having been previously removed from the United States on or about January 27, 2020, was
found to be in the United States, knowingly and unlawfully, without the Attorney General of
the United States or his or her successor, the Secretary of Homeland Security (Title 6, United
States Code, Sections 202(3) and 202(4), and 557) having expressly consented to such alien's
reapplying for admission to the United States, in violation of Title 8, United States Code,
Section 1326(a). The defendant admitted that he is, in fact, guilty of that offense.
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7. The parties submitted a Factual Proffer, made part of the record and signed by
Defendant, his counsel, and the Government. This factual proffer includes all of the essential
elements of the offense to which Defendant pled guilty. The Government orally summarized
the factual basis for the plea on the record, including the essential elements of each offense.
Defendant acknowledged that he signed the factual proffer and that all the statements contained
therein are true.
8. Defendant has been referred to the U.S. Probation Office for the preparation of
a pre-sentence investigation report. The sentencing hearing will be conducted at a time
scheduled by the U.S. District Judge.
Accordingly, based upon the foregoing and the plea colloquy conducted by this Court,
the undersigned
RECOMMENDS that Defendant, Arnoldo Noel Vindel-Tejeda, (1) be found to have
freely, knowingly, and voluntarily entered a guilty plea to the Indictment (2) that his guilty plea
be accepted, (3) that he be adjudicated guilty of the offense, and (4) that a sentencing hearing
as scheduled by the U.S. District Judge be conducted for a final disposition of this matter.
NOTICE OF RIGHT TO OBJECT
The parties shall have fourteen (14) days from the date of being served with a copy of
this Report and Recommendation within which to file written objections, if any, with U.S.
District Judge Aileen M. Cannon. Failure to file objections timely shall bar the parties from a
de novo determination by the District Judge of an issue covered in the Report and
Recommendation and shall bar the parties from attacking on appeal unobjected-to factual and
legal conclusions contained in this Report and Recommendation. See 28 U.S.C. § 636(b)(1);
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Thomas v. Arn, 474 U.S. 140, 149 (1985); Henley v. Johnson, 885 F.2d 790, 794 (11th Cir.
1989); 11th Cir. R. 3-1 (2016).
DONE AND RECOMMENDED in Chambers at West Palm Beach in the Southern
District of Florida, this 15th day of December, 2025.
________________________________________
RYON M. McCABE
UNITED STATES MAGISTRATE JUDGE
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