United States v. Avila

Sep 1, 2026

2:26-cr-00023

ORDER

Before the Court is United States Magistrate Judge Kathleen L. DeSoto‘s Findings & Recommendation Concerning Plea. (Doc. 26.) Because neither party objected, they are not entitled to de novo review. 28 U.S.C. § 636(b)(1); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Therefore, the Court reviews the Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error exists if the Court is left with a “definite and firm conviction that a mistake has been committed.” United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000).

Defendant Luis Armando Soto Avila is charged with one count of illegal reentry of deported alien in violation of 8 U.S.C. §§ 1326(a) and (b)(1) (Count I). (Doc. 11.) Judge DeSoto recommends that this Court accept Avila‘s guilty plea as to Count I after Avila appeared before her pursuant to Federal Rule of Criminal Procedure 11. The Court finds no clear error in Judge DeSoto‘s Findings and Recommendation and adopts them in full, including the recommendation to defer acceptance of the Plea Agreement until sentencing when the Court will have reviewed the Plea Agreement and Presentence Investigation Report.

Accordingly, IT IS ORDERED that Judge DeSoto‘s Findings and Recommendation (Doc. 26) is ADOPTED in full.

IT IS FURTHER ORDERED that Avila‘s Motion to Change Plea (Doc. 19) is GRANTED.

IT IS FURTHER ORDERED that Avila is adjudged guilty as charged in Count I of the Indictment.

DATED this 1st day of September, 2026.

Dana L. Christensen, District Judge

United States District Court