USA v. Gamez

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
UNITED STATES OF AMERICA PLAINTIFF
VS. CRIMINAL NO. 5:26-50039 TLB
JOSE LUIS GAMEZ DEFENDANT
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3) and General Order No. 40, this
matter was referred to the undersigned for the purposes of conducting a plea hearing pursuant to Rule
11 of the Federal Rules of Criminal Procedure. Such a hearing was conducted on October 7, 2026,
and pursuant to a written plea agreement, Defendant Jose Luis Gamez entered pleas of guilt to Count
One of the Indictment charging him with the offense of knowingly failing to register with SORNA
or failing to update his SORNA registration in violation of 18 U.S.C. § 2250, and Count Two
charging him with illegal reentry into the United States without permission in violation of 8 U.S.C.
§ 1326. The Government agrees to dismiss the remaining charge against Defendant at the appropriate
time.
After conducting the hearing in the form and manner prescribed by Rule 11, the undersigned
makes the following factual findings:
1. The Defendant, after consultation with his counsel, has knowingly and voluntarily
consented, both in writing in the plea agreement and on the record at the change of plea hearing, to
the entry of his guilty pleas before the undersigned with Defendant’s pleas of guilt subject to final
approval by Chief United States District Judge Timothy L. Brooks. United States v. Torres, 258
F.3d 791, 796 (8th Cir. 2001).
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2. The Defendant and the Government have entered into a written plea agreement which
has been disclosed in open court pursuant to Rule 11(c)(2), and the undersigned has directed that the
plea agreement be filed. (ECF No. 19).
3. The Defendant is fully competent and capable of entering an informed plea; the
Defendant is aware of the nature of the charges, the applicable maximum penalties, and the
consequences of pleading guilty to Counts One and Two.
4. Defendant is fully satisfied with his counsel and has had sufficient time to consult
with counsel.
5. Defendant’s pleas of guilt are knowing and voluntary pleas and each plea is supported
by an independent basis in fact containing each of the essential elements of the offense charged.
6. The Defendant understands his constitutional and statutory rights and wishes to waive
these rights.
7. The parties were informed, both in writing in the plea agreement and on the record
at the hearing, of their right to file written objections within fourteen (14) days after receipt of this
Report and Recommendation. See F.R. Crim. P. 59(b)(2). To expedite the district court’s acceptance
of Defendant’s guilty plea, the parties waived, both on the record and in writing in the plea
agreement, their right to file objections.
8. Based on the foregoing, the undersigned recommends that Defendant’s guilty pleas
be accepted. The written plea agreement will be subject to approval by the District Judge at
sentencing.
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RECOMMENDED this 7th day of October 2026.
__________________________________
CHRISTY COMSTOCK
UNITED STATES MAGISTRATE JUDGE
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