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USA v. Tzalam-Xante — Magistrate judge recommended accepting guilty plea to illegal re-entry

Reported / Citable

Case
USA v. Macario Adrian Tzalam-Xante
Court
U.S. District Court for the Western District of Texas, El Paso Division
Date Decided
June 30, 2026
Docket No.
3:26-cr-01420
Topics
Immigration Law, Illegal Re-Entry, Criminal Procedure, Guilty Plea
Source
Read the full opinion

Background

Macario Adrian Tzalam-Xante was charged with Illegal Re-Entry in violation of Title 8 U.S.C. § 1326(a). On June 30, 2026, the defendant appeared before Magistrate Judge Miguel A. Torres in the U.S. District Court for the Western District of Texas, El Paso Division, with counsel present.

After being admonished regarding the oath and the consequences of the proceeding, the defendant pled guilty to the indictment.

The Court’s Holding

The magistrate judge found that the defendant fully understood his constitutional rights, including the right to plead not guilty, the right to trial, the right to confront witnesses, and the right against self-incrimination. The court determined that the defendant understood the nature of the charge, the applicable penalties, and the immigration consequences of the guilty plea.

Critically, the magistrate judge found that the defendant’s plea was freely, knowingly, and voluntarily entered—not induced by any promises, threats, or force. The court also found the defendant competent to enter the plea and that a factual basis existed to support it. Based on these findings, the magistrate judge recommended that the guilty plea be accepted and a judgment of guilt be entered, subject to final approval and sentencing by the presiding district judge.

Key Takeaways

  • The defendant waived all constitutional trial rights with full understanding of their significance.
  • The court confirmed the defendant understood immigration consequences before accepting the plea.
  • The magistrate’s recommendation is advisory and subject to de novo review by the district judge before sentencing.

Why It Matters

This procedural order reflects strict compliance with Federal Rule of Criminal Procedure 11 requirements, which mandate that courts ensure defendants entering guilty pleas do so knowingly and voluntarily. The magistrate judge’s detailed findings create a record protecting both the defendant’s rights and the integrity of the plea.

For immigration-related criminal matters, the notation that the defendant understood immigration consequences is particularly significant, as it addresses collateral consequences that courts must now consider under modern criminal procedure standards.

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