Reported / Citable
Background
Mauricio Alvarado-Monter (Defendant) appeared before a United States magistrate judge to enter a plea of guilty, consenting to proceed under the authority of *United States v. Dees*. The Defendant, advised by counsel, entered into a plea bargain agreement with the government, pleading guilty to Count One of a one-count Indictment. The charge was a violation of 8 U.S.C. § 1326(a) and 6 U.S.C. §§ 202(3), 202(4), and 557, for Illegal Re-Entry After Deportation.
During the plea proceedings, the Defendant was placed under oath and personally examined by the magistrate judge concerning the subjects outlined in Rule 11(b)(1) of the Federal Rules of Criminal Procedure. Additionally, the Defendant filed a waiver of his rights to a full pre-sentence investigation and report, representing that the plea agreement, discovery, and a Guideline Worksheet would provide sufficient information for the court to exercise its sentencing authority meaningfully.
The Court’s Holding
The undersigned United States magistrate judge determined that the Defendant fully understood the nature of the charges, including each essential element of the offense and the associated penalties, as well as the terms of the plea agreement and its supplement. The magistrate judge found that the Defendant’s guilty plea was made knowingly and voluntarily.
Regarding the waiver of the pre-sentence investigation and report, the magistrate judge examined the Defendant and concluded that the waiver was knowingly and voluntarily made, and the Government did not oppose it. Consequently, the magistrate judge recommended that the District Judge accept the Defendant’s waiver of a full pre-sentence investigation and report. The recommendation further advised the District Judge to proceed directly to sentencing using the information already in the record and a Guideline Worksheet, and to make the necessary findings required by Rule 32(c)(1)(A)(ii) on the sentencing hearing record.
Key Takeaways
- A U.S. magistrate judge conducted a Rule 11 hearing for a guilty plea in an illegal re-entry case.
- Defendant Mauricio Alvarado-Monter pleaded guilty to illegal re-entry after deportation under a plea agreement.
- The magistrate judge found that the defendant knowingly and voluntarily waived his right to a full pre-sentence investigation and report.
- The magistrate judge recommended that the District Judge accept both the guilty plea and the waiver, allowing for direct progression to sentencing.
Why It Matters
This report and recommendation illustrates the process by which federal magistrate judges facilitate guilty pleas and manage procedural waivers in criminal cases. For attorneys, it highlights the potential for efficiency in federal proceedings, particularly when defendants choose to waive a full presentence investigation. Such waivers, when deemed knowing and voluntary by the court, can streamline the path to sentencing by relying on existing record information, thereby conserving judicial resources and potentially expediting case resolution. This is particularly relevant in high-volume federal dockets, where offenses like illegal re-entry are common.