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United States of America v. Lazaro Mendez-Vanegas

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 30, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LAZARO MENDEZ-VANEGAS ,
DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge:

ORDER

This matter was referred to United States Magistrate Judge Clifford J. Proud for the specific purpose of conducting a change of plea for defendant Lazaro Mendez-Vanegas, pursuant to 28 U.S.C. § 636, LOCAL RULE 72.1(b)(2) and defendant Mendez-Vanegas (Doc. 21). Pursuant to FEDERAL RULE OF CRIMINAL PROCEDURE 11, the change of plea hearing was held on April 10, 2013 (Doc. 20). During the change of plea, defendant Mendez-Vanegas pled guilty to illegal re-entry after deportation by a convicted felon following a thorough colloquy with Judge Proud. Thereafter, Judge Proud issued a Report and Recommendation ("the Report") recommending that the Court accept defendant Mendez-Vanegas' plea of guilty (Doc. 24).

In accordance with 28 U.S.C. § 636(b)(1)(B), the parties were allowed fourteen days to file written objections. As of this date, neither party has filed an objection. Therefore, the Court ADOPTS the Report in its entirety.

Thus, based on the record in the case, the recommendation of the Magistrate Judge, the consent of the defendant to plead before the magistrate without subsequent objection, it is the finding of the Court in the case of United States v. Mendez-Vanegas, that defendant Mendez-Vanegas was fully competent and capable of entering an informed plea, that defendant Mendez-Vanegas was aware of the nature of the charges and the consequences of the plea, and that the plea of guilty was a knowing and voluntary plea supported by an independent basis in fact containing each of the essential elements of the offense. Accordingly, the Court ACCEPTS the guilty plea and ADJUDGES Mendez-Vanegas GUILTY on the charge in the Indictment. The Court REMINDS the parties that this matter for sentencing on August 2, 2013, at 10:00 a.m.

IT IS SO ORDERED.

Digitally signed by Date: 2013.04.30 09:54:10 -05'00'

David R. Herndon Chief Judge United States District Court

20130430

© 1992-2013 VersusLaw Inc.



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