5:25-cr-00151•USA v. Santana-Charnez
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION UNITED STATES OF AMERICA v. CASE NO: 5:25-CR-151-H-BV-1 MIGUEL ANGEL SANTANA.CHARNEZ REPORT AND RECOMMENDATION ON PLEA BEF'ORE THE UNITED STATES MAGISTRATE JUDGE The defendant, by consent and under the authority of United States v. Dees, 125 F.3d 261 (5th Cir. 1997), appeared with counsel for the purpose of entering a plea of guilty under Rule 11(cX1)(B) of the Federal Rules of Criminal Procedure. This Report and Recommendation is submitted to the Court under 28 U.S.C. $ 636(bX3) The defendant was placed under oath and examined in open court concerning the subjects of Rule I I of the Federal Rules of Criminal Procedure. The defendant was advised regarding each subject and affirmed his/trer understanding of each subject Pursuant to a written plea agreement with the government, the defendant pled guilty to Count One of the Indictment, charging a violation of 8 U.S.C. $$ 1326(a), 1326(b)(1), and 6 U.S.C. $$ 202(3), 202(4), and 557-Illegal Re-Entry After Deportation. After examining the defendant under oath, I find that: 1. The defendant, upon advice of counsel, consented orally and in writing to enter this guilty plea before a magistrate judge subject to final approval and sentencing by the presiding district judge; 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 plea agreement supplement; g1 1a$ EttL+ s $ s $ s $ 4. The defendant understands all his/her constitutional and statutory rights Case 5:25-cr-00151-H-BV Document 31 Filed 01/12/26 Page 1 of 2 PageID <pageID>
and wishes to waive these rights, including the right to a trial by jury and the right to appear before a United States district judge; The defendant's plea is made freely and voluntafily; The defendant is competent to enter this plea of guilty; and There is a factual basis to support this plea. Based on the foregoing, I conclude that the plea of guilty is knowing, voluntary, and supported by and independent basis in fact containing each of the essential elements of the offense. The plea agreement in this case contains a nonbinding sentencing recommendation under Fed. R. Crim. P. 11(cX1XB). The defendant understands that this recommendation is not binding on the Court and that the defendant will not be allowed to withdraw the defendant's plea of guilty if the recommendation is not adopted. I recommend that the defendant's guilty plea be accepted, that the defendant be adjudged guilty, and that sentence be imposed accordingly. Although I have conducted these proceedings and accepted the defendant's guilty plea, the United States district judge has the power to review my actions and possesses final decision-making authority in this proceeding. Thus, if the defendant has any objections to these findings or any other action of the undersigned, he is required to make those known to the United States district judge within fourteen (14) days of today, but the defendant knowingly and voluntarily signed a waiver of the objection period, and I recommend that the District Judge accept the waiver' Signed January 12,2026. nr,rrrr ltlrLrl-ffi'R.BURCH Uxrrnn Surrs MlcrsrnarE JUDGE 5 6 7 2 Case 5:25-cr-00151-H-BV Document 31 Filed 01/12/26 Page 2 of 2 PageID <pageID>
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