UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION AT DAYTON 

UNITED STATES OF AMERICA, 

Plaintiff, 

vs. 

EDGAR GARCIA RODRIGUEZ, 

Defendant. 

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Case No. 3:18-cr-00018 

District Judge Walter H. Rice 

Magistrate Judge Sharon L. Ovington 

REPORT AND RECOMMENDATION1

 This case came before the Court for a plea hearing on March 16, 2018. Assistant 

United States Attorneys Dominic S. Gerace, II (on behalf of the Government) and F. 

Arthur Mullins, Esq. (on behalf of Defendant) participated. Defendant was present with 

his counsel. 

Prior to the hearing, the parties entered into a plea agreement, which agreement 

has been filed of record. (Doc. #12). Under the terms of the plea agreement, Defendant 

agreed to plead guilty to Count 1 of the Information filed in this case, which count 

charges Defendant as a previously removed alien found in the United States subsequent 

to a felony conviction in violation of 8 U.S.C. §§ 1326(a) and (b)(1). 

 During the plea hearing, the undersigned had the opportunity to address 

Defendant in open court and to inform Defendant of all rights and privileges as set forth 

in Fed. R. Crim. P. 11(b)(1). Further, the undersigned carefully inquired of Defendant 

regarding his/her understanding of the agreement, as well as his/her competence to 

 

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 Attached hereto is a NOTICE to the parties regarding objections to this Report and 

Recommendations. 
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understand the agreement. Having fully inquired, the undersigned Judicial Officer finds 

that Defendant’s tendered plea of guilty to Count One of the Information was knowing, 

intelligent, and voluntary. Additionally, based upon the statement of facts, which were 

read into the record and affirmed by Defendant, the undersigned finds that there is a 

sufficient factual basis for finding that Defendant is in fact guilty as to Count I of the 

Information. 

Based upon the foregoing, it is RECOMMENDED that the District Court accept 

Defendant’s plea of guilty to Count I of the Information and find Defendant guilty as 

charged as a previously removed alien found in the United States subsequent to a felony 

conviction in violation of 8 U.S.C. §§ 1326(a) and (b)(1). 

March 19, 2018 s/Sharon L. Ovington 

 Sharon L. Ovington 

 United States Magistrate Judge 
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NOTICE REGARDING OBJECTIONS 

Pursuant to Fed. R. Crim. P. 59(b)(2), any party may serve and file specific, 

written objections to the proposed findings and recommendations within FOURTEEN

days after being served with this Report and Recommendations. Pursuant to Fed. R. 

Crim. P. 49(c) and Fed. R. Civ. P. 6(d), this period is extended to SEVENTEEN days if 

this Report is being served by one of the methods of service listed in Fed. R. Civ. P. 

5(b)(2)(C), (D), (E), or (F). Such objections shall specify the portions of the Report 

objected to and shall be accompanied by a memorandum of law in support of the 

objections. If the Report and Recommendation is based in whole or in part upon matters 

occurring of record at an oral hearing, the objecting party shall promptly arrange for the 

transcription of the record, or such portions of it as all parties may agree upon or the 

Magistrate Judge deems sufficient, unless the assigned District Judge otherwise directs. 

A party may respond to another party’s objections within FOURTEEN days after being 

served with a copy thereof. 

Failure to make objections in accordance with this procedure may forfeit rights on 

appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947, 

949-50 (6th Cir. 1981).