7:25-cv-00171•Plata-Garza v. United States of America
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS MCALLEN DIVISION JESUS ALEJANDRO PLATA-GARZA, § § Petitioner, § § v. § Civil Action No. 7:25-CV-00171 § Criminal Action No. 7:23-CR-00679-2 § UNITED STATES OF AMERICA, § § Respondent. § ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the January 28, 2026, Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Juan F. Alanis. (Dkt. No. 6). Judge Alanis made findings and conclusions and recommended that Plata-Garza’s 28 U.S.C. § 2255 Motion, (Dkt. No. 1), be denied with prejudice, (Dkt. No. 6 at 2). The United States of America (the “Government”) responded to Plata-Garza’s § 2255 Motion, arguing that summary judgment was warranted on the claims within the habeas petition. (Dkt. No. 4). Judge Alanis recommended granting the Government’s Motion, (Dkt. No. 4), and denying a certificate of appealability, (Dkt. No. 6 at 45). The Parties were provided proper notice and the opportunity to object to the M&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). On February 27, 2026, Plata-Garza filed six objections. (Dkt. No. 9). First, Plata-Garza objects that he never signed a formal written cooperation or agreement under § 5K1.1 of the Federal Sentencing Guidelines with the Government. (Dkt. No. 9 at 2). Second, Plata-Garza objects that his counsel failed to United States District Court Southern District of Texas ENTERED April 07, 2026 Nathan Ochsner, Clerk Case 7:25-cv-00171 Document 10 Filed 04/06/26 in TXSD Page 1 of 3
2 explain that the Government had discretion on whether to file a § 5K1.1 motion. (Id. at 3). Third, Plata-Garza objects that the Government failed to acknowledge or explain why it declined to file a § 5K1.1 motion. (Id.). Fourth, Plata-Garza’s counsel did not attend his sentencing. (Id.). Fifth, Plata-Garza objects that he provided substantial assistance warranting a § 5K1.1 motion. (Id. at 4). Sixth, Plata-Garza re-raises “all prior objections” regarding his “[a]wareness of forfeiture consequences and drug quantity,” “mandatory minimum sentence and sentencing enhancements,” and “opportunities to review and dispute the [presentence investigation report].” (Id.). In accordance with 28 U.S.C. § 636(b)(1)(C), the Court is required to “make a de novo determination of those portions of the [magistrate judge’s] report or specified proposed findings or recommendations to which objection [has been] made.” After conducting this de novo review, the Court may “accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” Id.; see also Fed. R. Civ. P. 72(b)(3). The Court has carefully considered de novo those portions of the M&R to which objection was made, and reviewed the remaining proposed findings, conclusions, and recommendations for plain error. Finding no error, the Court accepts the M&R and adopts it as the opinion of the Court. It is therefore ordered that: (1) Judge Alanis’s M&R, (Dkt. No. 6), is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and (2) Plata-Garza’s 28 U.S.C. § 2255 Motion, (Dkt. No. 1), is DENIED. It is SO ORDERED. Case 7:25-cv-00171 Document 10 Filed 04/06/26 in TXSD Page 2 of 3
3 Signed on April 6, 2026. ___________________________________ DREW B. TIPTON UNITED STATES DISTRICT JUDGE Case 7:25-cv-00171 Document 10 Filed 04/06/26 in TXSD Page 3 of 3
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