govinfo:USCOURTS-flsd-9_26-cr-80064-1

UNITED STATE DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
WEST PALM BEACH DIVISION 
 

UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
 
ELMERSON MISAEL AMAYA-GUTIERREZ, 
 
Defendant. 
_________________________________________/ 
 
ORDER ADOPTING REPORT AND RECOMMENDATION 
 
THIS CAUSE comes before the Court upon the Report and Recommendation issued by 
Magistrate Judge Ryon M. McCabe following Change of Plea Hearing [ECF No. 23] . On May 
28, 2026, Magistrate Judge McCabe held a Change of Plea hearing [ECF No. 21] during which 
Defendant pled guilty to the sole Count of the Indictment [ECF No. 10] pursuant to a written 
stipulated factual proffer [ECF No. 22]. Magistrate Judge McCabe thereafter issued a Report 
recommending that the Court accept Defendant’s guilty plea to the sole Count of the Indictment, 
that the Court find Defendant to have freely and voluntarily entered his guilty plea, and that the 
Court adjudicate him guilty of the offense [ECF No. 10]. No objections to the Report have been 
filed, and the time to do so has expired. 
The Court has conducted a review of the record and finds no error in the Report. Therefore, 
it is ORDERED AND ADJUDGED as follows: 
1. The Report and Recommendation [ECF No. 23] is ACCEPTED. 
2. The guilty plea entered into by Defendant Elmerson Misael Amaya-Gutierrez as to 
the sole Count of the Indictment is ACCEPTED. 
Case 9:26-cr-80064-AMC Document 26 Entered on FLSD Docket 06/15/2026 Page 1 of 2

 
 
3. Defendant Elmerson Misael Amaya-Gutierrez is adjudicated guilty of the sole Count 
of the Indictment, which charges him with, illegal reentry after removal or deportation, 
in violation of Title 8 U.S.C. § 1326(a) and (b)(1) [ECF No. 10]. 
ORDERED in Chambers at Fort Pierce, Florida, this 12th day of June 2026. 
 
 
 
 ________________________________ 
AILEEN M. CANNON 
UNITED STATES DISTRICT JUDGE 
 
 
 cc: counsel of record 
Case 9:26-cr-80064-AMC Document 26 Entered on FLSD Docket 06/15/2026 Page 2 of 2

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