Reported / Citable
Background
Nathan Riojas Alvarado was charged in Count One of a superseding indictment with conspiracy to possess with intent to distribute actual methamphetamine, in violation of 21 U.S.C. § 846.
The district court referred administration of Alvarado’s guilty plea to U.S. Magistrate Judge Zack Hawthorn. After conducting a hearing under Federal Rule of Criminal Procedure 11, Judge Hawthorn issued findings of fact and recommended that the district court accept the plea and adjudge Alvarado guilty on Count One. Neither party objected.
The Court’s Holding
The district court adopted the magistrate judge’s findings of fact and recommendation. It accepted Alvarado’s guilty plea and adjudged him guilty on Count One of the superseding indictment.
The court did not yet accept the plea agreement. It deferred that decision until after reviewing the presentence report.
Key Takeaways
- The court adopted the unopposed findings and recommendation following the Rule 11 plea hearing.
- Alvarado was adjudged guilty of conspiring to possess with intent to distribute actual methamphetamine under 21 U.S.C. § 846.
- Acceptance of the guilty plea did not resolve acceptance of the plea agreement, which remained deferred pending review of the presentence report.
Why It Matters
The order distinguishes between accepting a defendant’s guilty plea and accepting the associated plea agreement. Although the court entered an adjudication of guilt, it reserved its decision on the agreement until it could evaluate the presentence report.