Reported / Citable
Background
Leonardo ANTONIO-Pedro was charged with illegal reentry into the United States in violation of 8 U.S.C. § 1326. The matter was referred by general order to a U.S. magistrate judge to conduct the felony guilty-plea proceeding.
Antonio-Pedro appeared with counsel and consented to having the magistrate judge take his plea. After advising him of his rights and conducting the required inquiry under Federal Rule of Criminal Procedure 11, the magistrate judge received Antonio-Pedro’s guilty plea to Count One without a plea agreement.
The Court’s Holding
The magistrate judge found that Antonio-Pedro understood the charge, potential penalties, and the constitutional and statutory rights he was waiving. The judge also found that Antonio-Pedro was competent, entered the plea freely and voluntarily, and acknowledged that he might be subject to restitution.
Finding a sufficient factual basis for the plea, the magistrate judge found Antonio-Pedro guilty of the charge and recommended that the district judge accept the guilty plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing, and the parties were advised that they had 14 days to object to the findings and recommendation.
Key Takeaways
- Antonio-Pedro pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge concluded that the plea satisfied Rule 11 and was knowing, competent, and voluntary.
- The recommendation does not impose a sentence; sentencing remains for the presiding district judge.
Why It Matters
The recommendation documents the procedural safeguards required before a federal court may accept a felony guilty plea. It also illustrates the magistrate judge’s role in conducting the plea hearing and recommending acceptance while leaving sentencing to the district judge.