Opinion
CASE NO: 3:12-CR-071-L
06-22-2012
UNITED STATES OF AMERICA v. HUMBERTO DE LA FUENTE
ORDER ACCEPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
CONCERNING PLEA OF GUILTY
After reviewing all relevant matters of record, including the Notice Regarding Entry of a Plea of Guilty, the Consent of Defendant, and the Report and Recommendation Concerning Plea of Guilty of the United States Magistrate Judge ("Report"), the undersigned District Judge determines that the Report of the Magistrate Judge concerning the Plea of Guilty should be accepted. Based upon the Report of the Magistrate Judge, the court finds that Defendant is fully competent and capable of entering an informed plea, that he is aware of the nature of the charge and the consequences of the plea, and that his plea of guilty is a knowing and voluntary plea, supported by an independent basis in fact, containing each of the essential elements of the offense. Further, the court finds that Defendant knowingly and voluntarily waived his right to object to the Report of the Magistrate Judge. Accordingly, the court accepts the plea of guilty entered by Defendant Humberto De La Fuente on June 21, 2012, and he is hereby adjudged guilty of the offense charged in Count One of the Indictment, which is a violation of 8 U.S.C. § 1326(a) and (b)(2), namely, Illegal Reentry after Removal from the United States. Sentence will be imposed in accordance with the court's order setting expedited sentencing.
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Sam A. Lindsay
United States District Judge