IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

UNITED STATES OF AMERICA

vs. Criminal Action 2:12-CR-0094

Judge Graham

DENNIS ANTONIO JUAREZ REYES,

aka Victor Colon Rosario

REPORT AND RECOMMENDATION

The United States of America and defendant Dennis Antonio

Juarez Reyes entered into a plea agreement1 whereby defendant agreed to

enter a plea of guilty to an Indictment filed in the District of Puerto

Rico charging him with conspiracy to commit identification fraud in

violation of 18 U.S.C. § 1028. Defendant waived trial in the District of

Puerto Rico pursuant to the provisions of Fed. R. Crim. P. 20, and

indicated his intent to plead guilty to the charge in this District. 

Consent to Transfer of Case for the Plea and Sentence, Doc. No. 12. On

June 1, 2012, defendant, accompanied by his counsel, appeared for an

arraignment. Defendant consented, pursuant to 28 U.S.C. §636(b)(3), to

enter a guilty plea before a Magistrate Judge. See United States v.

Cukaj, 2001 WL 1587410 at *1 (6th Cir. 2001) [Magistrate Judge may accept

a guilty plea with the express consent of the defendant and where no

objection to the report and recommendation is filed]; United States v.

Torres, 258 F.3d 791, 796 (8th Cir. 2001); United States v. Dees, 125 F.3d

261, 263-69 (5th Cir. 1997); United States v. Ciapponi, 77 F.3d 1247, 1251

(10th Cir. 1996). 

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The plea agreement includes a waiver of defendant’s right to appeal his sentence “unless the sentence exceeds the maximum permitted by statute or

exceeds the maximum penalty calculated under the Advisory Sentencing

Guidelines” as calculated in this case. Plea Agreement, Doc. No. 13, ¶ 13.

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During the plea proceeding, the undersigned observed the

appearance and responsiveness of defendant in answering questions. Based

on that observation, the undersigned is satisfied that, at the time he

entered his guilty plea, defendant was in full possession of his

faculties, was not suffering from any apparent physical or mental

illness, and was not under the influence of narcotics or alcohol. 

Prior to accepting defendant’s plea, the undersigned addressed

defendant personally and in open court and determined his competence to

plead. Based on the observations of the undersigned, defendant

understands the nature and meaning of the charge returned in the

Indictment and the consequences of the plea. Defendant was also

addressed personally and in open court and advised of each of the rights

referred to in Rule 11 of the Federal Rules of Criminal Procedure. 

Having engaged in the colloquy required by Rule 11, the Court

concludes that defendant’s plea is voluntary. Defendant acknowledged

that the plea agreement signed by him, his attorney and the attorney for

the United States and filed on May 21, 2012, Plea Agreement, Doc. No. 13,

represents the only promises made by anyone regarding the charge in the

Indictment. Defendant was advised that the District Judge may accept or

reject the plea agreement and that, even if the Court refuses to accept

any provision of the plea agreement not binding on the Court, defendant

may nevertheless not withdraw his guilty plea. 

Defendant confirmed the accuracy of the material aspects of

the statement of facts supporting the charge, which has been made part

of the record. Statement of Facts, Doc. No. __. He confirmed that he

is pleading guilty to the Indictment because he is in fact guilty of the

offense charged in the Indictment. The Court concludes that there is a

factual basis for the plea. 

The Court concludes that defendant’s plea of guilty to Count

One of the Indictment is knowingly and voluntarily made with

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understanding of the nature and meaning of the charge and of the

consequences of the plea. 

It is therefore RECOMMENDED that defendant Dennis Antonio

Juarez Reyes’s guilty plea to the Indictment be accepted. Decision on

acceptance or rejection of the plea agreement was deferred for

consideration by the District Judge after the preparation of a

presentence investigation report. 

In accordance with S.D. Ohio Crim. R. 32.1, and as expressly

agreed to by defendant through counsel, a written presentence

investigation report will be prepared by the United States Probation

Office. Defendant will be asked to provide information; defendant’s

attorney may be present if defendant so wishes. Objections to the

presentence report must be made in accordance with the rules of this

Court. 

If any party seeks review by the District Judge of this Report

and Recommendation, that party may, within fourteen (14) days, file and

serve on all parties objections to the Report and Recommendation,

specifically designating this Report and Recommendation, and the part

thereof in question, as well as the basis for objection thereto. 28

U.S.C. §636(b)(1); F.R. Civ. P. 72(b). Response to objections must be

filed within fourteen (14) days after being served with a copy thereof. 

F.R. Civ. P. 72(b). 

The parties are specifically advised that failure to object to

the Report and Recommendation will result in a waiver of the right to de

novo review by the District Judge and of the right to appeal the decision

of the District Court adopting the Report and Recommendation. See Thomas

v. Arn, 474 U.S. 140 (1985); Smith v. Detroit Federation of Teachers,

Local 231 etc., 829 F.2d 1370 (6th Cir. 1987); United States v. Walters, 

638 F.2d 947 (6th Cir. 1981).

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June 1, 2012 s/ Norah McCann King 

 Date Norah McCann King

 United States Magistrate Judge

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