Francisco-Nicolas — magistrate judge recommended accepting guilty plea to illegal reentry

Reported / Citable

Background

Antonio Francisco-Nicolas, also known as Nicolas Perez-Chavez, was charged with one count of illegal reentry under 8 U.S.C. § 1326(a). He appeared with counsel before a magistrate judge and consented to enter his guilty plea before the magistrate judge, subject to final approval and sentencing by the presiding district judge.

After receiving the admonishments required by Federal Rule of Criminal Procedure 11, Francisco-Nicolas pleaded guilty. The magistrate judge questioned him about the charge, possible penalties, immigration consequences, trial rights, representation by counsel, the advisory Sentencing Guidelines, and the sentencing factors under 18 U.S.C. § 3553(a).

The Court’s Holding

The magistrate judge found that Francisco-Nicolas was competent and that his plea was free, knowing, and voluntary. The judge also found that the plea was not induced by promises, threats, force, or threats of force and that a factual basis supported the guilty plea.

Based on those findings, the magistrate judge recommended that the district judge accept Francisco-Nicolas’s guilty plea and enter a judgment of guilt. The report and recommendation did not itself finally accept the plea or impose a sentence.

Key Takeaways

• Francisco-Nicolas pleaded guilty to illegal reentry in violation of 8 U.S.C. § 1326(a).
• The magistrate judge found that the Rule 11 requirements were satisfied and that the plea was knowing, voluntary, and factually supported.
• Final acceptance of the plea and sentencing remained for the presiding district judge.

Why It Matters

The report documents the procedural safeguards required before a federal court may accept a guilty plea, including confirmation that the defendant understands the charge, trial rights, potential penalties, immigration consequences, and sentencing framework.

It also underscores the limited role of the magistrate judge in this proceeding: the magistrate judge took the plea and issued a recommendation, while final approval and sentencing remained with the district judge.