USA v. Machado-Reyes

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
UNITED STATES OF AMERICA
CASE NO: 5:26-CR-013-H-BV-1
OMNER JOEL MACHADO.REYES
REPORT AND RECOMMENDATION ON PLEA OF GUILTY
BEFORE D STATES MAGISTRATE JUDGE
The defendant, by consent and under the authority of United States v. Dees,
125 F.3d 261 (sthCir.1997), appeared with counsel for the purpose of entering a plea of
guilty under Rule I I of the Federal Rules of Criminal Procedure. This Report and
Recommendation is submitted to the Court under 28 U.S.C. $ 636(b)(3).
The defendant was placed under oath and examined in open court regarding
the subjects of Rule I I of the Federal Rules of Criminal Procedure. The
defendant was advised about and affirmed his/her understanding of each subject.
pursuant to a written plea agreement with the govemment, the defendant pled
guilty to Count One of the Indictment, charging a violation of 8 U'S'C' $ 1326(a)
and 6 U.S.C. $$ 202(3), 202(4), and 557-Illegal Reentry After Deportation.
After examining the defendant under oath, I find that:
l. The defendant, with advice of counsel, consented orally and in writing
to enter this guilty plea before a magistrate judge subject to final
approvalandsentencingbythepresidingdistrictjudge;
2. The defendant fully understands the nature of the charges, including
each essential element of the offense(s) charged, and the associated
penalties;
3. The defendant fully understands the terms of the plea agreement and
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plea agreement supplement;
4. The defendant understands all his/her constitutional and statutory rights
and wishes to waive these rights, including the right to a trial by ju.y
and the right to appear before a United States district judge;
5. The defendant's plea is made freely and voluntarily;
6. The defendant is competent to enter this plea of guilty;
7. There is a factual basis to support this plea; and
8. The ends ofjustice are served by acceptance of the defendant's plea of
guilty.
Based on these findings, I recommend that the defendant's guilty plea be
accepted, that the defendant be adjudged guilty, and that sentence be imposed
accordingly. Under the terms of his/her written plea agreement, the defendant has
agreed to waive a full presentence investigation and issuance of a full presentence
investigation report by the United States Probation Office.
Although I have conducted these proceedings, the United States District Judge has
the power to review my actions and possesses final decision-making authority.
Ordinarily, a defendant must file any objections to the f,rndings or any other action of the
magistrate judge within fourteen (14) days. Here, however, the defendant has knowingly
and voluntarily waived the objection period in writing'
Signed April 1,2026.
.AMY'R. BURCH
UNrrro Srnrns M.c,crsrRATE JUDGE
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