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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

PERLA JOSEPHINA CRUZ,

Defendant.

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No. 1:20-CR-047 (16) RP

REPORT AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE

TO: THE UNITED STATES DISTRICT JUDGE

The Magistrate Court submits this Report and Recommendation to the District Court 

pursuant to 28 U.S.C. § 636(b)(3). The District Court referred this case to the United States 

Magistrate Judge for the taking of the defendant’s felony guilty plea and for the defendant’s 

allocution pursuant to Federal Rule of Criminal Procedure 11.

On June 10, 2021, the defendant and counsel appeared before the Magistrate Court. The 

undersigned addressed the defendant personally in open court, informed the defendant of the 

admonishments under Rule 11 of the Federal Rules of Criminal Procedure, and determined that 

the defendant understood those admonishments.

Pursuant to a plea agreement, the defendant pled guilty to Count One of the 

Information which charged the defendant with Misprision of a Felony in violation of Title 18, 

United States Code § 4.

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The Magistrate Judge finds the follow:

1. The defendant, with the advice of the defendant’s attorney, consented to enter this guilty 

plea before the Magistrate Judge, subject to final approval and sentencing by the District 

Judge

2. The defendant fully understands the nature of the charge to which the defendant pled and 

possible penalties;

3. The defendant understands the defendant’s constitutional and statutory rights, that those 

constitutional and statutory rights can be waived, and the meaning and effect of waiving 

those constitutional and statutory rights;

4. The defendant waived the right to appeal except in a case in which the sentence imposed 

is greater than the maximum sentence authorized by statute. The defendant also waived 

the right to challenge the defendant’s conviction or sentence under 28 U.S.C. §§ 2241 

and 2255. The defendant did not waive the right to raise a challenge based on ineffective 

assistance of counsel and prosecutorial misconduct; 

5. The defendant’s plea was made freely and voluntarily;

6. The defendant is competent to enter this plea of guilty; and

7. There is a factual basis for this plea.

8. The defendant has reviewed the plea agreement carefully with the defendant’s attorney. 

The defendant further advised that the defendant understands the plea agreement and 

agrees to be bound by the plea agreement.

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RECOMMENDATION

The Magistrate Court RECOMMENDS the District Court accept the defendant’s guilty 

plea and, after reviewing the pre-sentence investigation report, enter a Final Judgment of guilt 

against him.

WARNING

The parties may file objections to this Report and Recommendation. A party filing an 

objection must specifically identify those findings or recommendations to which objections are 

being made. The District Court need not consider frivolous, conclusive, or general objections. 

See Battle v. United States Parole Comm’n, 834 F.2d 419, 421 (5th Cir. 1987).

A party’s failure to file written objections to the proposed findings and recommendations 

contained within this Report within fourteen (14) days after being served with a copy of the 

Report shall bar that party from de novo review by the District Court of the proposed findings 

and recommendations and, except upon grounds of plain error, shall bar the party from appellate 

review of proposed factual findings and legal conclusions accepted by the District Court to 

which no objections were filed. See 28 U.S.C. § 636(b)(1)(C); Thomas v. Arn, 474 U.S. 140, 

150–53, 106 S. Ct. 466, 472–74 (1985); Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 

1428–29 (5th Cir. 1996) (en banc).

SIGNED on June 10, 2021

_____________________________________

MARK LANE

UNITED STATES MAGISTRATE JUDGE

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