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United States v. Reynoso-Tomas
United States District Court, S.D. Florida
December 9, 2019
UNITED STATES OF AMERICA, Plaintiff,
VIDAL REYNOSO-TOMAS, Defendant.
REPORT AND RECOMMENDATION ON CHANGE OF PLEA
SHANIEK M . MAYNARD UNITED STATES MAGISTRATE JUDGE.
CAUSE comes before me upon an Order of Reference.
Having conducted a Change of Plea Hearing, I recommend to the
District Court as follows:
1. I convened a hearing to permit the Defendant to change his
plea in this criminal case on December 9, 2019. The hearing
was translated to the Defendant by the Court's Spanish
language interpreter. The Defendant indicated to me that he
was able to understand what was being said to him throughout
2. At the hearing's outset, I advised the Defendant of
his right to have the District Judge assigned to this case
conduct this proceeding. I advised the Defendant that I was
conducting the Change of Plea Hearing at the request of the
Defendant, the Defendant's attorney, and the Assistant
United States Attorney assigned to this case. I advised the
Defendant that the District Judge assigned to this case will
be the sentencing judge, will make all findings and rulings
concerning the Defendant's sentence, and will schedule
and conduct the Sentencing Hearing.
3. I advised the Defendant that he did not have to permit me
to conduct this hearing but could request a United States
District Judge to conduct the Change of Plea Hearing instead.
The Defendant, the Defendant's attorney, and the
Assistant United States Attorney assigned to the case all
agreed on the record and consented to have a United States
Magistrate Judge conduct the Change of Plea Hearing.
4. I conducted the plea colloquy in accordance with the
outline set forth in the Bench Book for District Judges.
5. There is a written plea agreement in this case. The
Defendant acknowledged that the plea agreement was read to
him in its entirety by a Spanish speaking interpreter. The
Defendant acknowledged that he understands the plea agreement
and signed the plea agreement.
6. The Defendant pleaded guilty to the sole count of the
Indictment. The Indictment charges the Defendant with being
an alien who was previously deported or removed from the
United States on or about June 14, 2013; who later returned
to the United States knowingly and unlawfully; who was found
back in the United States without the express consent of the
Attorney General of the United States or his successor, the
Secretary of Homeland Security (18 U.S.C. §§
202(3), 202(4) and 557); without applying for re-admission
into the United States; in violation of 8 U.S.C. §
1326(a) and (b)(1). The Defendant stated that he understood
the charge against him.
7. The possible maximum penalties that the Defendant was
facing were announced on the record. The Defendant
acknowledged his understanding of the possible maximum
penalty that could be imposed against him in this case. I
advised the Defendant of the possibility of the
Defendant's deportation after sentencing as an additional
consequence of his guilty plea in this case. The Defendant
acknowledged that his attorney has answered his questions
concerning his possible deportation.
8. The parties submitted a written Stipulation of Facts and
Acknowledgment of Offense Elements in Support of the Guilty
Plea ("Stipulation"), which was signed by counsel
for the Government, counsel for the Defendant, and the
Defendant. The Stipulation was read into the record and
translated to the Defendant by a Spanish language
interpreter. The Defendant acknowledged that he has had the
opportunity to fully discuss it with his attorney. The
Defendant further acknowledged that he completely understands
the Stipulation and agreed that it accurately sets forth the
facts in his case as he understands them to be. I find that
the Stipulation sets forth all of the essential elements of
the crime to which the Defendant is pleading guilty.
9. Based on the foregoing and the plea colloquy that I
conducted, I find that the Defendant enters his guilty plea
freely and voluntarily. I accept his guilty plea and
recommend to the District Court that it adjudicate him guilty
of the offense charged in the Indictment.
10. The United States Probation Office will conduct a
pre-sentence investigation and will issue a report for
sentencing purposes. The Sentencing Hearing is set for
Friday, February 14, 2020 at 9:00 am before Chief District
Judge K. Michael Moore at the United States Courthouse, 1010
South U.S. Highway One, Courtroom #4008, Fort Pierce, Florida
I recommend to the District Court that the Defendant's
guilty plea be accepted; that the Defendant be adjudicated
guilty of the offense to which he pleads guilty; and that a
Sentencing Hearing be conducted for final disposition of this
parties shall have fourteen (14) days from the date of this
Report and Recommendation within which to file objections, if
any, with the Honorable K. Michael Moore, the United States
District Judge assigned to this case. Pursuant to Rule
59(b)(2), Fed.R.Crim.P., the failure to file a timely
objection to this Report and Recommendation waives the
party's right to ...
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