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United States v. Calderilla-Regalado

United States District Court, E.D. Texas, Beaumont Division

December 11, 2017

UNITED STATES OF AMERICA
v.
ROLANDO CALDERILLA-REGALADO

          FINDINGS OF FACT AND RECOMMENDATION ON PLEA OF TRUE BEFORE THE UNITED STATES MAGISTRATE JUDGE

          KEITH F. GIBLIN, UNITED STATES MAGISTRATE JUDGE

         Pursuant to 28 U.S.C. § 636(b) and the Local Rules for the District Court, Eastern District of Texas, the District Court referred this matter for hearing and the submission of findings of fact and a report and recommendation pursuant to 18 U.S.C. §§ 3401(i) and 3583(e). The United States alleges that the defendant, Rolando Calderilla-Regalado, violated conditions of supervised release imposed by United States District Judge Thad Heartfield. The United States Probation Office filed its First Amended Petition for Warrant or Summons for Offender Under Supervision (doc. #33) requesting the revocation of the defendant's supervised release. The Court conducted a hearing on December 7, 2017, in accordance with Federal Rules of Criminal Procedure 11, 32 and 32.1. The defendant was present and represented by counsel at the hearing. Having heard the evidence, this court factually finds that the defendant has violated conditions of supervision and recommends that such violation warrants the revocation of his supervised release.

         After conducting the proceeding in the form and manner prescribed by Federal Rule of Criminal Procedure11, the Court finds:

         a. That the defendant, after consultation with counsel of record, has knowingly, freely and voluntarily consented to the administration of the plea of true in this cause by a United States Magistrate Judge subject to a final approval and imposition of sentence by the District Court.

         b. That the defendant is fully competent and capable of entering an informed plea, that the defendant is aware of the nature of the charges and the consequences of the plea, that his plea of true is a knowing and voluntary plea, not the result of force or threats, and that the plea is supported by an independent evidentiary basis in fact establishing each of the essential elements of the conduct.

         STATEMENT OF REASONS

         A. Procedural History

         On November 8, 2012, The Honorable Thad Heartfield, U.S. District Judge of the Eastern District of Texas, sentenced Mr. Calderilla-Regalado after he pled guilty to reentry of an illegal alien, a Class C felony. Judge Heartfield sentenced the defendant to 15 months imprisonment followed by 3 years supervised release subject to the standard conditions of release, plus special conditions to include a deportation condition and testing and treatment for alcohol abuse. On April 12, 2013, Mr. Calderilla-Regalado completed his period of imprisonment and began service of the supervision term.

         B. Allegations in Petition

         The United States Probation Office alleges that the defendant violated a mandatory condition of his supervision as follows:

         The defendant shall not commit another federal, state, or local crime.

         Specifically, Mr. Calderilla-Regalado allegedly committed the new offense of Illegal Reentry, in violation of Title 8 U.S.C. § 1326, reentry of a removed or deported alien, by being found in the Eastern District of Texas on or about October 9, 2015, after being previously removed/deported from the United States and by being present in the United States without receiving permission from the Attorney General of the United States or Secretary of Homeland Security, per the Criminal Complaint in cause No. 1:15MJ00187 filed in the Eastern District of Texas on October 20, 2015.

         C. Evidence presented at Hearing:

         At the hearing, the Government proffered evidence in support of the allegation in the petition to revoke. The Government would submit evidence establishing that Mr. Calderilla-Regalado was arrested on the charge of illegal reentry. The evidence would further establish that he eventually pled guilty to the charge in violation of 8 U.S.C. § 1326(a). On November 13, 2017, United States District Judge Thad Heartfield sentenced ...


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