USA v. Diaz

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
PECOS DIVISION
UNITED STATES OF AMERICA )
)
v. ) P-25-CR-244
)
JULIO DIAZ )
FINDINGS OF FACT AND RECOMMENDATION ON FELONY GUILTY
PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE
The District Court referred this matter to the magistrate judge pursuant to 28 U.S.C. §
636(b)(1)(B) for administration of guilty plea and allocution under Rule 11 of the Federal Rules
of Criminal Procedure.
On the 16th day of December, 2025, this cause came before the undersigned U.S.
Magistrate Judge for Guilty Plea and Allocution of the Defendant JULIO DIAZ on Count TWO
of the INDICTMENT filed herein charging him with a violation of Title 8 U.S.C. §
1324(a)(1)(A)(ii) and (B)(ii). The Defendant signed a written consent to plead before the
Magistrate Judge. The Court conducted the proceeding in the form and manner prescribed by
FED. R. CRIM. P. 11, and finds:
a) That the Defendant, after consultation with counsel of record, has knowingly and
voluntarily consented to the administration of the Guilty Plea and Allocution in this cause by a
U.S. Magistrate Judge subject to final approval and imposition of sentence by the District Court.
b) That the Defendant and the Government have entered into a plea agreement which has
been filed and disclosed in open court pursuant to FED. R. CRIM. P. 11(c)(2).
c) That the Defendant is fully competent and capable of entering an informed plea,1 that
the Defendant is aware of the nature of the charges and the consequences of the plea, and that the
plea of guilty is a knowing and voluntary plea supported by an independent basis in fact
containing each of the essential elements of the offense.
IT IS THEREFORE, the recommendation of the undersigned U.S. Magistrate Judge
that the District Court accept the plea agreement and the guilty plea of the Defendant JULIO
DIAZ, and that JULIO DIAZ be finally adjudged guilty of that offense.
The United States District Clerk shall serve a copy of this Proposed Findings of Fact and
Recommendation on all parties electronically. In the event that a party has not been served by
the Clerk with this Report and Recommendation electronically, pursuant to the CM/ECF
procedures of this District, the Clerk is ORDERED to mail such party a copy of this Report and
Recommendation by certified mail, return receipt requested. Pursuant to 28 U.S.C. § 636(b)(1),
1The Defendant was admonished as to punishment of up to 5 years imprisonment, a fine not to exceed
$250,000.00, a maximum term of 3 years supervised release, and a mandatory special assessment of $100.00.
Case 4:25-cr-00244-DC Document 22 Filed 12/16/25 Page 1 of 2

any party who desires to object to this report must serve and file written objections within
fourteen (14) days after being served with a copy unless the time period is modified by the
District Court. A party filing objections must specifically identify those findings, conclusions or
recommendation to which objections are being made; the District Court need not consider
frivolous, conclusive or general objections. Such party shall file the objections with the Clerk of
the Court and serve the objections on the Magistrate Judge and on all other parties. A party's
failure to file such objections to the proposed findings, conclusions and recommendation
contained in this report shall bar the party from a de novo determination by the District Court.
Additionally, any failure to file written objections to the proposed findings, conclusions and
recommendation contained in this report within fourteen (14) days after being served with a copy
shall bar the aggrieved party from appealing the factual findings of the Magistrate Judge that are
accepted or adopted by the District Court, except upon grounds of plain error or manifest
injustice.
SIGNED this 16th day of December, 2025.
DAVID B. FANNIN
UNITED STATES MAGISTRATE JUDGE
Case 4:25-cr-00244-DC Document 22 Filed 12/16/25 Page 2 of 2