USA v. EDGAR GARCIA-VELASQUEZ ET AL

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 24-60174-CR-DAMIAN/D’ANGELO
UNITED STATES OF AMERICA,
vs.
HUGO CRUZ,
Defendant.
_______________________________/
REPORT AND RECOMMENDATION ON CHANGE OF PLEA
THIS CAUSE is before the Court following the referral of this action to the undersigned
Magistrate Judge to conduct a proceeding for acceptance of a guilty plea by Defendant Hugo Cruz
(“Defendant”) (DE 412). Based upon the change of plea hearing conducted on February 4, 2026,
the Court makes the following findings and recommends that the guilty plea be accepted.
1. 	The Court advised Defendant of the right to have these proceedings conducted by
the District Judge assigned to the case and that the Court was conducting the change of plea hearing
pursuant to an Order of Referral from the District Judge. 	The Court further advised Defendant
that the District Judge would be the sentencing judge and would make all findings and rulings
concerning Defendant’s sentence. The Court advised Defendant that he did not have to permit the
undersigned Magistrate Judge to conduct this hearing and could request that the change of plea
hearing be conducted by the District Judge. Defendant, who stated that he had discussed the right
to have the hearing conducted by the District Judge with his counsel, and the Assistant United
States Attorney consented on the record to the Court conducting the change of plea hearing.
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2. 	Defendant was placed under oath and appeared in-person before the Court. 	The
plea colloquy was conducted in accordance with the outline set forth in the Bench Book for District
Judges and in accordance with Federal Rule of Criminal Procedure 11.
3. 	Defendant was advised of his rights as set forth in Federal Rule of Criminal
Procedure 11(b)(1)(B)–(E), and he acknowledged that he understood those rights, discussed them
with his counsel, and is knowingly and voluntarily waiving them.
4. 	Defendant indicated he is knowingly and voluntarily pleading guilty to Count One
in the Indictment filed in this case, which charges the Defendant with Conspiracy to Possess with
Intent to Distribute a Controlled Substance in violation of Title 21, United States Code, Section
846 (DE 3). The Court advised Defendant that the maximum penalty the Court may impose for
this offense is a term of life imprisonment, a term of five (5) years to life of supervised release,
and a fine of $10,000,000. The Court also advised Defendant that the mandatory minimum penalty
the Court must impose is a term of ten (10) years’ imprisonment. 	The Court further advised
Defendant that, in addition to any term of imprisonment and supervised release, the Court may
order forfeiture and will assess a mandatory special assessment of $100.00. 	Defendant
acknowledged that he understood the possible maximum and mandatory minimum penalties that
could be imposed.
5. 	Defendant also acknowledged that he understands the Sentencing Guidelines and
that he has discussed with his counsel the calculation of the applicable Sentencing Guidelines
range, as well as other sentencing factors under Title 18, United States Code, Section 3553(a).
6. 	The Government and Defendant entered into a written plea agreement that was
thereafter filed with the Court (DE 430). 	The Court reviewed the terms of the written plea
agreement on the record. Defendant agreed that he had reviewed the entire agreement with counsel
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before he signed it. Defendant also agreed that there were no other agreements or promises beyond
what is contained in the written plea agreement.
7. 	To set forth the factual basis for the entry of the plea, the Government proffered the
facts it would have established at trial orally during the change of plea hearing on February 4,
2026. The Government established all the essential elements of the crime to which Defendant is
pleading guilty. Defendant and his counsel agreed that the facts proffered by the Government were
accurate and satisfied all elements of Count One in the Indictment.
8. 	Defendant acknowledged that he is satisfied with his counsel and that he has had a
full opportunity to discuss all facets of the case and all provisions of the plea agreement with his
counsel.
9. 	Defendant further acknowledged that he understands that in the event the District
Judge does not accept the recommendations in the plea agreement or sentences him to a term that
is greater than he anticipated, that will not be grounds for withdrawal of the guilty plea.
10. 	Defendant acknowledged that if he is convicted and is not a United States citizen,
he may be removed from the United States, denied citizenship, and denied admission to the United
States in the future.
11. 	Defendant stated that the decision to plead guilty is voluntary and not the result of
any force, any threats, or any promises outside of those set forth in the plea agreement.
12. 	Based upon all of the foregoing and the plea colloquy conducted by the Court, the
Court finds that Defendant is fully competent and capable of entering an informed plea, that
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.
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13. 	Therefore, the undersigned recommends that Defendant be found to have freely and
voluntarily entered a guilty plea to Count One in the Indictment filed in this case, as more
particularly described herein, and that Defendant be adjudicated guilty of that offense as charged.
14. 	A pre-sentence investigation report will be prepared for the District Court by the
United States Probation Office. The sentencing date will be set by separate order.
15. 	The Court announced the Recommendation herein on the record at the change of
plea hearing on February 4, 2026, and, therefore, this Recommendation is effective as of that date.
As agreed to by the Government and Defendant at the change of plea hearing, the Parties
will have three (3) business days from the date of the change of plea hearing (up to February 9,
2026) within which to file written objections, if any, for consideration by the United States District
Judge. Pursuant to Federal Rule of Criminal Procedure 59(b), Eleventh Circuit Rule 3-1, and
accompanying Internal Operating Procedure 3, the Government and Defendant are hereby notified
that failure to object in accordance with Title 28, United States Code, Section 636(b)(1) waives
the right to challenge on appeal the District Court’s Order based on unobjected-to factual and legal
conclusions. See Thomas v. Arn, 474 U.S. 140, 155 (1985).
RESPECTFULLY SUBMITTED in Chambers in Miami, Florida on this 5th day of
February, 2026.
___________________________________
ELLEN F. D’ANGELO
UNITED STATES MAGISTRATE JUDGE
cc: 	All Counsel of Record
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