USA v. Santiago et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
UNITED STATES OF AMERICA 	)
)
v. 	) 	No. 1:25-CR-00069-TRM/CHS
)
GUILLERMO ALEMAN MERCADO 	)
REPORT AND RECOMMENDATION
On May 13, 2026, this Court conducted a plea hearing pursuant to 28 U.S.C. § 636(b). At
the hearing, Defendant moved to withdraw his not guilty plea to Count One of the Indictment, to
the extent Count One charges conspiracy to distribute 50 grams or more of methamphetamine in
violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(A), and 846, and entered
a plea of guilty to said portion of Count One of the Indictment, in exchange for the undertakings
made by the Government in the written plea agreement [Doc. 207]. On the basis of the record
made at the hearing, this Court finds: (1) Defendant is fully capable and competent to enter an
informed plea; (2) Defendant made the plea knowingly and with full understanding of each of the
rights he waived; (3) Defendant made the plea voluntarily and free from any force, threats, or
promises, apart from the promises in the plea agreement; (4) Defendant understands the nature of
the charge and penalties provided by law; and (5) the plea has a sufficient basis in fact.
Therefore, this Court RECOMMENDS Defendant’s motion to withdraw his not guilty
plea to Count One of the Indictment, to the extent Count One charges conspiracy to distribute 50
grams or more of methamphetamine in violation of Title 21, United States Code, Sections
841(a)(1), 841(b)(1)(A), and 846, be granted; his plea of guilty to said portion of Count One of the
Indictment be accepted; the District Judge adjudicate Defendant guilty of the charges set forth in
said portion in Count One of the Indictment; and a decision on whether to accept the plea
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agreement be deferred until sentencing. This Court further RECOMMENDS Defendant remain
in custody until sentencing in this matter. Acceptance of the plea, adjudication of guilt, acceptance
of the plea agreement [Doc. 207], and imposition of sentence are specifically reserved for the
District Judge.
ENTER:
s/
MIKE DUMITRU
UNITED STATES MAGISTRATE JUDGE
NOTICE TO PARTIES
You have the right to de novo review of the foregoing findings by the district judge. Any
application for review must be in writing, must specify the portions of the findings or proceedings
objected to, and must be filed and served no later than fourteen days after the plea hearing. Failure
to file objections within fourteen days constitutes a waiver of any further right to challenge the
plea of guilty in this matter. See 28 U.S.C. § 636(b).
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