1:25-cr-00508•USA v. Torres-Deanda
Gesamter Gesetzestext
1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION UNITED STATES OF AMERICA § § v. § 1:25-CR-508 § ROSARIO TORRES-DEANDA, § Defendant. § REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE TO: THE UNITED STATES DISTRICT JUDGE The Magistrate Court submits this Report and Recommendation to the District Court pursuant to 28 U.S.C. § 636(b)(3). The United States District Court referred this case to the United States Magistrate Judge for the taking of the defendant’s felony guilty plea and for the defendant’s allocution pursuant to Federal Rule of Criminal Procedure 11. The defendant and counsel appeared before the Magistrate Court. The undersigned addressed the defendant personally in open court, informed the defendant of the admonishments under Rule 11 of the Federal Rules of Criminal Procedure, and determined that the defendant understood those admonishments. There is no plea agreement in this case. The defendant pled guilty to a single-count information or indictment which charged the defendant with Illegal Reentry after Deportation or Removal in violation of Title 8, United States Code § 1326. The Magistrate Judge finds the following: 1. The defendant, with the advice of the defendant’s attorney, consented to enter this guilty plea before the Magistrate Judge, subject to final approval and sentencing by the District Case 1:25-cr-00508-RP Document 17 Filed 11/12/25 Page 1 of 3
2 Judge; 2. The defendant fully understands the nature of the charges to which the defendant pled and possible penalties; 3. The defendant understands the defendant’s constitutional and statutory rights, that those constitutional and statutory rights can be waived, and the meaning and effect of waiving those constitutional and statutory rights; 4. The defendant does not waive the defendant’s right to appeal; 5. The defendant’s plea was made freely and voluntarily; 6. The defendant is competent to enter this guilty plea; and 7. There is a factual basis for this plea. RECOMMENDATION The Magistrate Court RECOMMENDS the District Court accept the guilty plea and, after reviewing the presentence investigation report, enter a Final Judgment of guilt against the defendant. WARNING The parties may file objections to this Report and Recommendation. A party filing objections must specifically identify those findings or recommendations to which objections are being made. The District Court need not consider frivolous, conclusive, or general objections. See Battle v. United States Parole Comm’n, 834 F.2d 419, 421 (5th Cir. 1987). A party’s failure to file written objections to the proposed findings and recommendations contained within this Report within fourteen (14) days after being served with a copy of the Report shall bar that party from de novo review by the District Court of the proposed findings and Case 1:25-cr-00508-RP Document 17 Filed 11/12/25 Page 2 of 3
3 recommendations and, except upon grounds of plain error, shall bar the party from appellate review of proposed factual findings and legal conclusions accepted by the District Court to which no objections were filed. See 28 U.S.C. § 636(b)(1)(C); Thomas v. Arn, 474 U.S. 140, 150–53, 106 S. Ct. 466, 472–74 (1985); Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1428–29 (5th Cir. 1996) (en banc). SIGNED on November 12, 2025. __________________________________ MARK LANE UNITED STATES MAGISTRATE JUDGE Case 1:25-cr-00508-RP Document 17 Filed 11/12/25 Page 3 of 3
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