USA v. Torres-Deanda

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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
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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
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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
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