Opinion
SA-23-CR-00595-JKP
07-15-2024
UNITED STATES OF AMERICA, Plaintiff, v. (1) HECTOR CRISTOBAL MEJIA-ESTRADA, Defendant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
On July 15, 2024, the Court held a bench trial in the above-captioned case. Defendant Hector Cristobal Mejia-Estrada was present and represented by counsel. This memorandum supplements the Court's oral findings made in connection with its guilty verdict. See Fed. R. Crim. P. 23(c). After hearing the evidence, the Court has determined Mejia-Estrada is guilty beyond a reasonable doubt, of illegal reentry in violation of 8 U.S.C. §§ 1326(a) & (b)(1).
On November 15, 2024, Mejia-Estrada was charged in a one-count Grand Jury indictment with being an alien who attempted to enter, entered, and was found in the United States having previously been denied admission, excluded, deported, and removed from the United States on or about July 21, 2014, and that Mejia-Estrada had not received consent of the Attorney General of the United States or the Secretary of Homeland Security to reapply for admission to the United States, in violation of 8 U.S.C. §§ 1326(a) & (b)(1). See ECF No. 11. Mejia-Estrada waived his right to trial by jury. See ECF No. 57.
On July 15, 2024, the Court convened a bench trial. After questioning by the Court, Mejia-Estrada indicated that he understood his rights and knowingly waived his right to trial by jury. After the presentation of the Government's case, both the Government and Mejia-Estrada rested and closed. The Court reached a verdict, finding the Government had presented evidence that Mejia-Estrada is an alien who was found in the United States having previously been deported from the United States on or about July 21, 2014, and that Mejia-Estrada had not received consent of the Attorney General of the United States or the Secretary of Homeland Security to reapply for admission to the United States, in violation of 8 U.S.C. §§ 1326(a) & (b)(1).
Having considered all of the evidence in this case, as well as the applicable law, the Court hereby enters the following findings of fact and conclusions of law:
1. The Defendant is competent to stand trial.
2. The Defendant knowingly and willingly waived his right to a jury trial.
3. The Government has proven beyond a reasonable doubt the elements of illegal reentry in violation of 8 U.S.C. §§ 1326(a) & (b)(1).
Therefore, the Court finds and determines that Mejia-Estrada is, beyond a reasonable doubt, guilty of illegal reentry in violation of 8 U.S.C. §§ 1326(a) & (b)(1), as charged in the one-count indictment returned against Mejia-Estrada.
It is so ORDERED.