USA v. Gamboa-De Leon

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Case 3:25-cr-02971-DCG Document 22 Filed 12/29/25 Page1of3

FILED

UNITED STATES DISTRICT COURT DEC 29 2025
WESTERN DISTRICT OF TEXAS CLERK, Us. DistrICT couRT

WESTERN DI
EL PASO DIVISION BY 2 C_LRICT OF TEXAS
DEPUTY CLERK
USA
V. NO: EP:25-CR-02971(1)-DCG
(1) ELVIS DONALDO GAMBOA-DE LEON

REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE
UPON DEFENDANT’S PLEA OF GUILTY

On this 29th day of December, 2025, the Defendant and counsel appeared before the Court.
After being admonished as required by Rule 11, Fed.R.Crim.P., the Defendant pled guilty to the
Indictment charging him with Illegal Re-Entry, in violation of Title 8 U.S.C. § 1326.

Accordingly, the Court makes the following findings:

1. The Defendant has consented to the entry of a guilty plea before a Magistrate Judge,

subject to final approval and sentencing by the presiding United States District Judge.

vs The Defendant fully understands the oath and the consequences of failing to tell the truth
at the plea hearing.

as The Defendant fully understands the right to plead “not guilty” and to be tried by a jury.

4, The Defendant fully understands the right to be represented by counsel at trial and at
every other stage of the proceeding.

= The Defendant fully understands the right to a trial and that if the Defendant were to elect

to go to trial, the Defendant would have the right to confront and cross-examine adverse
witnesses, to be protected from compelled self-incrimination, to testify and present

evidence, and to compel the attendance of witnesses.

AUTHENTICATED
U.S. GOVERNMENT.
INFORMATION
GPO.

10.

11.

12.

13.

Case 3:25-cr-02971-DCG Document 22 Filed 12/29/25 Page 2 of 3

The Defendant fully understands that if the guilty plea is accepted, there will not be a trial
in this case.

The Defendant fully understands the nature of the charge, the immigration consequences,
and the maximum possible penalties, including any imprisonment, applicable mandatory
minimum penalties, fine, term of supervised release, as well as any forfeiture or
restitution. The defendant also understands the court’s obligation to impose a special
assessment.

The Defendant fully understands that in determining sentence, the sentencing court will
consider the applicable Sentencing Guidelines, including any departures that might be
applicable, as well as the sentencing factors under 18 U.S.C. § 3553(a). The Defendant
also fully understands that although the sentencing court will consider the applicable
sentencing guidelines, they are advisory in nature.

The Defendant’s plea was not induced by any promises, and the Defendant’s plea was not
induced by any threats, force or threats of force.

The Defendant acknowledged that the Defendant’s attorney had explained the
immigration consequences of the guilty plea.

The Defendant is competent to enter a plea.

The Defendant’s plea is made freely, knowingly, and voluntarily.

There is a factual basis to support the plea of guilty.

Case 3:25-cr-02971-DCG Document 22 Filed 12/29/25 Page 3 of 3

RECOMMENDATION

Based on the foregoing, it is recommended to the district judge that the Defendant’s plea of
guilty be accepted and that a judgment of guilt be entered.

SIGNED and ENTERED this 29th day of December, 2025.

ANNE T. BERTON
UNITED STATES MAGISTRATE JUDGE

NOTICE

FAILURE TO FILE WRITTEN OBJECTIONS TO THE’ FINDINGS AND
RECOMMENDATION CONTAINED IN THE FOREGOING REPORT, PRIOR TO
SENTENCING, MAY BAR DE NOVO DETERMINATION BY THE DISTRICT JUDGE OF AN
ISSUE COVERED HEREIN AND SHALL BAR APPELLATE REVIEW OF SUCH FACTUAL
FINDINGS AS MAY BE ACCEPTED OR ADOPTED BY THE DISTRICT JUDGE.