Opinion
CASE NO. 1:15-CR-12
06-05-2015
UNITED STATES OF AMERICA v. JOSE ALEXIS AVILA-CARDONA
ORDER ADOPTING FINDINGS OF FACT AND RECOMMENDATION ON DEFENDANT'S GUILTY PLEA
The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, for administration of a guilty plea under Rule 11 of the Federal Rules of Criminal Procedure. Judge Hawthorn conducted a hearing in the form and manner prescribed by Federal Rule of Criminal Procedure 11 and issued his Findings of Fact and Recommendation on Guilty Plea Before the United States Magistrate Judge. The magistrate judge recommended that the court accept the Defendant's guilty plea. He further recommended that the court adjudge the Defendant guilty on Count One of the Indictment filed against the Defendant.
The parties have not objected to the magistrate judge's findings. The court ORDERS that the Findings of Fact and Recommendation on Guilty Plea of the United States Magistrate Judge are ADOPTED. The court accepts the Defendant's plea but defers acceptance of the plea agreement until after review of the presentence report. The court ORDERS the Defendant's attorney to read and discuss the presentence report with the Defendant, and file any objections to the report BEFORE the date of the sentencing hearing.
It is further ORDERED that, in accordance with the Defendant's guilty plea and the magistrate judge's findings and recommendation, the Defendant, Jose Alexis Avila-Cardona, is adjudged guilty as to Count One of the Indictment charging a violation of 8 U.S.C. § 1326(a) (Illegal Reentry After Deportation).
So ORDERED and SIGNED this 5 day of June, 2015.
/s/_________
Ron Clark, United States District Judge