USA v. Antonio-Martinez

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
MIDLAND/ODESSA DIVISION
UNITED STATES OF AMERICA §
§
v. § MO:25-CR-194
§
JUSTINO ANTONIO-MARTINEZ §
FINDINGS OF FACT AND RECOMMENDATION ON
FELONY GUILTY PLEA BEFORE THE U.S. MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636(b), this matter has been referred by the District Court for
administration of guilty plea and allocution under Rule 11 of the Federal Rules of Criminal
Procedure.
On December 11, 2025, this cause came before the undersigned U.S. Magistrate Judge
for Guilty Plea and Allocution of the Defendant JUSTINO ANTONIO-MARTINEZ1 on
COUNT ONE2 of the INDICTMENT filed herein charging him with a violation of 8 U.S.C.
§§ 1326(a) and (b)(1)/(2). The Defendant signed a written consent to plead before the Magistrate
Judge. After conducting said proceeding in the form and manner prescribed by Federal Rule of
Criminal Procedure 11, the Court 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 Judge;
b) that the Defendant pleaded guilty to COUNT ONE of the INDICTMENT without a
written plea agreement. Any oral agreements were stated into the record by the parties; and,
c) that the Defendant is fully competent and capable of entering an informed plea,3 that
the Defendant is aware of the nature of the charge and the consequences of the plea,4 and that the
1. The Defendant acknowledged that he has been charged under the true and correct name.
2. An interpreter was present and interpreted the proceedings for Defendant.
3. The Defendant testified that he has discussed with his attorney the adverse immigration consequences of pleading
guilty to a felony offense and that he wished to continue with his plea.
4. The Defendant was admonished as to the following possible applicable statutory penalty range of
8 U.S.C. § 1326(a) of not more than two (2) years imprisonment, not more than one (1) year supervised release, a
fine not to exceed two hundred fifty thousand dollars ($250,000.00), and a one hundred dollar ($100.00) mandatory
special assessment; 8 U.S.C. § 1326(b)(1)—if the Defendant was previously convicted of three (3) or more
misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), not
more than ten (10) years imprisonment, not more than three (3) years supervised release, a fine not to exceed two
hundred fifty thousand dollars ($250,000.00), and a one hundred dollar ($100.00) mandatory special assessment; or
8 U.S.C. § 1326(b)(2)—if the Defendant was previously convicted of an aggravated felony, not more than twenty
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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 guilty plea of the Defendant JUSTINO ANTONIO-MARTINEZ
and that JUSTINO ANTONIO-MARTINEZ 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),
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 Judge. A party filing objections must specifically identify those findings, conclusions or
recommendation to which objections are being made; the District Judge 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 Judge.
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 Judge, except upon grounds of plain error or manifest
injustice.
It is so ORDERED.
SIGNED this 16th day of December, 2025.
RONALD C. GRIFFIN
UNITED STATES MAGISTRATE JUDGE
(20) years imprisonment, not more than three (3) years supervised release, a fine not to exceed two hundred fifty
thousand dollars ($250,000.00), and a one hundred dollar ($100.00) mandatory special assessment.
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