USA v. ALVAREZ-Hernandez

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
DEL RIO DIVISION
United States of America
vs.
(1) Joaquin Alvarez-Hernandez
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NO: DR:25-CR-02550(1)-EG
FINDINGS OF FACT AND RECOMMENDATION
TO THE HONORABLE UNITED STATES DISTRICT JUDGE:
This case has been referred by a general order to the undersigned United States
Magistrate Judge for the taking of a felony guilty plea. 28 U.S.C. § 636(b)(3) United States v.
Dees, 125 F.3d 261 (5th Cir. 1997).
On January 08, 2026, the Defendant and counsel appeared before the undersigned who
addressed the Defendant personally in open court. The undersigned informed the Defendant that
he had a right to have his plea taken by the United States District Judge and admonished him as
provided in Rule 11 of the Federal Rules of Criminal Procedure.
The undersigned finds as follows:
1) The Defendant, with the advice of his counsel, has consented to the
taking of his guilty plea by the undersigned. Sentencing will be
conducted by the presiding United States District Judge;
2) The Defendant understood the nature of the charges and penalties;
3) The Defendant understood his constitutional and statutory rights
and freely and voluntarily waived them;
4) The Defendant pled guilty to Count One of the Indictment, illegal
re-entry into the United States, without a plea agreement;
5) The Defendant’s plea was made freely and voluntarily;
6) The Defendant is competent to enter this plea of guilty; and
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7) There is sufficient factual basis for this Defendant’s plea;
8) The Defendant is hereby found guilty of the charge he pled guilty to;
9) The Defendant acknowledges that he may be subject to restitution.
RECOMMENDATION
It is therefore the recommendation of the undersigned that the Defendant's guilty plea be
ACCEPTED and that a judgement of guilt be entered against the Defendant.
NOTICE
The parties may wish to file objections to the above recommendations. Failure to file
written objections to the findings and recommendations contained in this Report and
Recommendation within 14 days from the date of its receipt shall bar an aggrieved party from
receiving de novo review by the District Court of the findings and recommendations contained
herein, see 28 U.S.C. § 636(b)(l)(c), and shall bar an aggrieved party "except on grounds of plain
error from attacking on appeal the unobjected-to proposed factual findings and legal conclusions
accepted by the District Court." See Douglass v. United Servs. Auto Ass 'n, 79 F.3d 1415, 1429
(5th Cir. 1996).
The Clerk shall promptly deliver copies of this Report and Recommendation to all
parties and their counsel.
This case is referred to the presiding United States District Judge for sentencing.
Signed this 8th day of January, 2026.
______________________________
MATTHEW H. WATTERS
UNITED STATES MAGISTRATE JUDGE
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