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United States v. Sifuentes Lara

United States District Court, W.D. Virginia, Harrisonburg Division

September 18, 2018

UNITED STATES OF AMERICA,
v.
JAIME RENEE SIFUENTES LARA, Defendant.

          AMENDED REPORT & RECOMMENDATION

          JOEL C. HOPPE UNITED STATES MAGISTRATE JUDGE.

         This case was referred to the undersigned magistrate judge for the purpose of conducting a felony guilty plea hearing. This report and recommendation is submitted to the presiding district judge under 28 U.S.C. § 636(b)(3). The defendant waived his right to plead before a United States District Judge and consented to proceed before the undersigned magistrate judge.

         On September 18, 2018, the defendant appeared with counsel before the magistrate judge, who personally addressed the defendant and admonished him pursuant to Rule 11(b)(1)(A)-(O) of the Federal Rules of Criminal Procedure.[1] Discussing the district judge's role of determining a sentence, the Court explained to the defendant that the sentencing range under the Sentencing Guidelines, which are advisory, not mandatory, would not be determined until a presentence report is written and a sentencing hearing held, that the district judge had the authority to impose a sentence more or less severe than called for in the guidelines, and that the sentence the defendant receives may be different than any estimate given by his attorney. The defendant stated that he understood the Court's admonishments. Accordingly, the undersigned finds that the defendant understands the charge to which he is pleading guilty and that his plea was knowingly made. Fed. R. Crim. P. 11(b)(1).

         The Court also addressed the defendant personally as to his competency to plead and the voluntariness of his plea, specifically whether it resulted from force, threats, or promises. Fed. R. Crim. P. 11(b)(2). Based on this discussion, the undersigned found the defendant to be sufficiently competent to enter a plea, that he desired to plead guilty, and that his plea was voluntary.

         The government filed a written proffer that the Court read to the defendant in open court. The proffer states the following facts:

The defendant is not a United States citizen, but a citizen of Mexico. He was deported from the United States in June 1998. On July 9, 2018, the defendant was found in the Western District of Virginia. He has not submitted an application to the Secretary of Homeland Security or the Attorney General requesting permission to apply for admission to the United States.

         The defendant agreed that those facts were accurate and did not contest them, and his counsel did not challenge the proffer of facts. The undersigned finds that these facts provide a sufficient basis for the defendant's guilty plea to the charge of illegal re-entry. Fed. R. Crim. P. 11(b)(3).

         The defendant pleaded guilty to the offense of illegal re-entry, in violation of 8 U.S.C. § 1326(a), as charged in Count One of the Indictment.

         The magistrate judge finds the following:

1. The defendant's guilty plea was taken by the undersigned subject to the acceptance of the plea and sentencing by the assigned district judge and after the defendant consulted with an attorney and executed oral and written waivers;
2. The defendant fully understands the nature of the charge and relevant penalties;
3. The defendant fully understands his constitutional and statutory rights and wishes to waive those rights;
4. The defendant's guilty plea was freely and voluntarily tendered;
5. The defendant is sufficiently competent to enter a guilty ...

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