UNITED STATES DISTRICT COURT' 

WESTERN DISTRICT OF TEXAS 

SAN ANTONIO DIVISION 

United States of America § 

§ 

vs. § Criminal No.: SA:20-CR-00171(1)-DAE 

§ 

(1) Ambrocio Mata-Aguilar § Defendant MEMORANDUM AND RECOMMENDATION 

Pursuant to the referral by the district judge, the defendant, defendant's attorney and 

the attorney for the government appeared before the undersigned magistrate judge on April 22, 

2020, for the purpose of defendant's entry of a plea of guilty. At that time defendant entered a 

guilty plea as stated in the record. The magistrate judge addressed the defendant personally in 

open court and, after assuring that defendant was competent to proceed and had consented to 

pleading guilty before a magistrate judge, admonished the defendant in accordance with Rule 11, 

Fed.R.Crim.P., of the nature of the charge, the possible penalties, defendant's constitutional and 

statutory rights, and the consequences of pleading guilty. Defendant acknowledged 

understanding these admonishments. The undersigned also addressed defendant concerning the 

voluntariness of the guilty plea. Finally, the undersigned assured the existence of a factual basis 

for the guilty plea. Based upon the answers to the court's questions from defendant and from 

counsel, the magistrate judge makes the following findings: 

1. the defendant is competent to stand trial; 

2. the defendant has consented to plead guilty before a magistrate judge; 

3. the defendant fully understands the nature of the charge and the penalties; 

4. the defendant understands defendant's constitutional and statutory rights and 

desires to waive them; 

5. the defendant's plea is freely, knowingly and voluntarily made; and 

6. there is a factual basis for the plea. 

RECOMMENDATION 

It is, therefore, the recommendation of the Magistrate Judge that the guilty plea be 

ACCEPTED and that a judgment of guilt be entered against defendant. 

Case 5:20-cr-00171-DAE Document 20 Filed 04/22/20 Page 1 of 2
Instructions for Service and 

Notice of Right to Appeal I Object 

The United States District Clerk shall serve a copy of this Memorandum and 

Recommendation on all parties either (1) electronic transmittal to all parties represented by an 

attorney registered as a Filing User with the Clerk of Court pursuant to the Court's Procedural 

Rules for Electronic Filing in Civil and Criminal Cases; or (2) by certified mail, return receipt 

requested, to any party not represented by an attorney registered as a Filing User. Pursuant to 

Title 28 U.S.C. Section 636 (b) (1) and Rule 59(b)(2), Fed.R.Crim.P., any party who desires to 

object to this report must serve and file written objections to the Memorandum and 

Recommendation within 14 days after being served with a copy unless this time period is 

modified by the district court. A party filing objections must specifically identify those findings, 

conclusions or recommendations to which objections are being made and the basis for such 

objections; the district court need not consider frivolous, conclusive or general objections. Such 

party shall file the objections with the clerk of court, and serve the objections on all other 

parties and the magistrate judge. A party's failure to file written objections to the proposed 

findings, conclusions and recommendations contained in this report shall bar the party from a de 

novo determination by the district court. See Thomas v. Ar,,, 474 U.S. 140, 150, 106 S.Ct. 466, 

472, 88 L.Ed.2d 435 (1985). Additionally, any failure to file written objections to the proposed 

findings, conclusions and recommendation contained in this Memorandum and Recommendation 

within 14 days after being served with a copy shall bar the aggrieved party, except upon grounds 

of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal 

conclusions accepted by the district court. Douglass v. United Services Automobile 

Association, 79 F.3d 1415, 1428-29 (5th Cir. 1996). 

SIGNED April 22, 2020. 

ELIZABrFH S. ("BETSY"NEY 

UNITED STATES MAGIS JUDGE 

Case 5:20-cr-00171-DAE Document 20 Filed 04/22/20 Page 2 of 2