Opinion
CASE NUMBER 6:18-CR-67
03-12-2019
UNITED STATES OF AMERICA v. FRANCISCO MARTINEZ-DIAZ
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS OF FACT AND RECOMMENDATION ON GUILTY PLEA
On this day, the Court considered the Findings of Fact and Recommendation of United States Magistrate Judge K. Nicole Mitchell regarding Defendant's plea of guilty to Count 1 of the Indictment charging Defendant with a violation of 8 U.S.C. § 1326(a) and (b)(2)—Illegal Reentry Following Removal.
Having conducted a proceeding in the form and manner prescribed by FED. R. CRIM P. 11, the Magistrate Judge recommends that the Court accept the defendant's guilty plea. The parties waived their right to file objections to the Findings of Fact and Recommendation. The Court is of the opinion that the Findings of Fact and Recommendation should be accepted.
It is accordingly ORDERED that the Findings of Fact and Recommendation of the United States Magistrate Judge, filed on March 11, 2019, are hereby ADOPTED.
It is further ORDERED that Defendant's guilty plea is accepted and approved by the Court. Further, the plea agreement is approved by the Court, conditioned upon a review of the presentence report.
It is finally ORDERED that, pursuant to Defendant's plea agreement, the Court finds Defendant, Francisco Martinez-Diaz, GUILTY of Count 1 of the Indictment in the above-numbered cause and enters a JUDGMENT OF GUILTY against Defendant as to Count 1 of the Indictment.
SIGNED this the 12 day of March, 2019.
/s/_________
Thad Heartfield
United States District Judge