UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION AT DAYTON 

UNITED STATES OF AMERICA, 

Plaintiff, 

vs. 

HERIBERTO CEBALLOSTALAMANTES, 

Defendant. 

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Case No. 3:18-cr-00084 

District Judge Walter H. Rice 

Magistrate Judge Sharon L. Ovington 

REPORT AND RECOMMENDATIONS1

 This case came before the Court for a plea hearing on November 4, 2018. 

Assistant United States Attorney Brent Tabacchi appeared and represented the 

Government, and Tamara Sack appeared and represented Defendant. Defendant was 

present with counsel. 

Prior to the hearing, the parties entered into a proposed binding plea agreement 

pursuant to Fed. R. Crim. P. 11(c)(1)(C), which agreement has been filed of record. 

(Doc. #17). Under the terms of the plea agreement, Defendant agreed to plead guilty as 

charged in the Indictment currently pending against him, which charges him with 

Possession with Intent to Distribute 500 grams or more of Cocaine in violation of Title 21 

U.S.C. § 841(a)(1) and 841(b)(1)(B). 

 

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

understanding of the agreement, as well as his competence to understand the agreement. 

Having fully inquired, the undersigned Judicial Officer finds that Defendant’s tendered 

plea of guilty as charged in the Indictment 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 of Possession with Intent to Distribute 500 grams 

or more of Cocaine in violation of Title 21 U.S.C. § 841(a)(1) and 841(b)(1)(B). 

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

Defendant’s plea of guilty as charged in the Indictment currently pending against him and 

find him guilty as charged of Possession with Intent to Distribute 500 grams or more of 

Cocaine in violation of Title 21 U.S.C. § 841(a)(1) and 841(b)(1)(B). 

Pending the Court’s acceptance of Defendant’s guilty plea, Defendant has been 

referred to the Probation Department for a pre-sentence investigation and report. 

September 7, 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. 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).