1 

 IN THE UNITED STATES DISTRICT COURT 

 FOR THE SOUTHERN DISTRICT OF OHIO 

 EASTERN DIVISION 

UNITED STATES OF AMERICA 

 vs. Criminal Action 2:17-cr-207(2) 

 JUDGE JAMES L. GRAHAM 

CARLOS ALFREDO ESCOBAR-ESTUPINAN 

REPORT AND RECOMMENDATION 

 Defendant Carlos Alfredo Escobar-Estupinan is charged in an 

Indictment with one count of conspiracy to possess with intent to 

distribute 5 kilograms or more of cocaine while on board a vessel 

within the jurisdiction of the United States, in violation of 46 

U.S.C. § 70506 and 21 U.S.C. § 960(b)(1), and one count of possession 

with intent to distribute 5 kilograms or more of cocaine while on 

board a vessel within the jurisdiction of the United States, in 

violation of 46 U.S.C. § 70506 and 21 U.S.C. § 841. Indictment, ECF 

No. 3. The United States and defendant entered into a plea agreement, 

executed pursuant to the provisions of Rule 11(c)(1)(A) of the Federal 

Rules of Criminal Procedure, whereby defendant agreed to enter a plea 

of guilty to Count 1 of the Indictment.1

 On April 26, 2018, defendant, 

accompanied by his counsel and with the assistance of a Spanish 

interpreter, appeared for a change of plea proceeding. 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). 

 1 The Plea Agreement, ECF No.77, contains an appellate waiver provision. 

The Plea Agreement makes no mention of the immigration consequences of the 

guilty plea; during the change of plea proceedings, the Court reviewed the 

immigration consequences of the plea with the defendant, who is alleged to be 

an Ecuadorean national. 

Case: 2:17-cr-00207-JLG Doc #: 95 Filed: 04/26/18 Page: 1 of 3 PAGEID #: 214
 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 charges in the Indictment

and the consequences of the plea of guilty to Count 1 of the 

Indictment. 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 March 19, 2018, represents the only 

promises made by anyone regarding the charges 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 statement of facts 

supporting the charge, which is attached to the Plea Agreement. He 

confirmed that he is pleading guilty to Count 1 of the Indictment

because he is in fact guilty of that offense. The Court concludes 

that there is a factual basis for the plea. 

 The Court concludes that defendant’s plea of guilty to Count 1 of 

the Indictment is knowingly and voluntarily made with understanding of 

the nature and meaning of the charge and of the consequences of the 

plea. 

Case: 2:17-cr-00207-JLG Doc #: 95 Filed: 04/26/18 Page: 2 of 3 PAGEID #: 215
3 

 It is therefore RECOMMENDED that defendant’s guilty plea to Count 

1 of 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). 

April 26, 2018 s/ Norah McCann King 

 Date Norah McCann King 

 United States Magistrate Judge

Case: 2:17-cr-00207-JLG Doc #: 95 Filed: 04/26/18 Page: 3 of 3 PAGEID #: 216