USA v. Cruz-Ambrocio

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IN THE UNITED STATES DISTRICT COURT
Case 3:26-cr-00005-K Bc EPID ne PEdEXAS: PagelD <pagelD>
UNITED STATES OF AMERICA

VS. CASE NO.: 3:26-CR-005-K (01)

Lr LP LP Lr

NOE ABIMAEL CRUZ-AMBROCIO

REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY

NOE ABIMAEL CRUZ-AMBROCIO, by consent, under authority of United States v. Dees, 125
F.3d 261 (Sth Cir. 1997), has appeared before me pursuant to Fed. R. Crim.P. 11, and has entered a plea of
guilty to the Count 1 of the 1-Count Indictment, filed on January 6, 2026. After cautioning and
examining Defendant Noe Abimael Cruz-Ambrocio under oath concerning each of the subjects
mentioned in Rule 11, I determined that the guilty plea was knowledgeable and voluntary and that the
offense charged is supported by an independent basis in fact containing each of the essential elements of
such offense. I therefore recommend that the plea of guilty be accepted, and that Defendant Noe Abimael
Cruz-Ambrocio, be adjudged guilty of Illegal Reentry of After Removal from the United States, in
violation of 8 USC § 1326(a), and have sentence imposed accordingly. After being found guilty of the
offense by the district judge.

,

Z The defendant is currently in custody and should be ordered to remain in custody.

o The defendant must be ordered detained pursuant to 18 U.S.C. § 3143(a)(1) unless the Court finds by clear
and convincing evidence that the defendant is not likely to flee or pose a danger to any other person or the
community if released.

O The Government does not oppose release.

Oo The defendant has been compliant with the current conditions of release.

Qo I find by clear and convincing evidence that the defendant is not likely to flee or pose a danger to
any other person or the community if released and should therefore be released under § 3142(b) or
(c).

o The Government opposes release.

o The defendant has not been compliant with the conditions of release.

QO If the Court accepts this recommendation, this matter should be set for hearing upon motion of the
Government.

Qo The defendant must be ordered detained pursuant to 18 U.S.C. § 3143(a)(2) unless (1)(a) the Court finds there

is a substantial likelihood that a motion for acquittal or new trial will be granted, or (b) the Government has
recommended that no sentence of imprisonment be imposed, or (c) exceptional circumstances are clearly
shown under § 3145(c) why the defendant should not be detained, and (2) the Court finds by clear and
convincing evidence that the defendant is not likely to flee or pose a da any other person or the

community. if released. —. eeunt ,
Signed Febriary 30 «T OF TEXAS

RBNEE HARRIS-TOLIYVER—
FEB -3 2026 UNI STATES MAGISTRATE JUDGE

NOTICE
S. DISTRICT COURT
Failure to file-wri eport and Recommendation within fourteen (14) days from the date
noQh its 86 ice shall bar an Denava p party from attacking such Report and Recommendation before the assigned United
“inom trict Judge. 28 U.S.C. §636(b)(1)(B).

GPO.