Reported / Citable
Background
Salomon Hernandez-Lugo appeared with counsel before a U.S. magistrate judge to plead guilty to Count One of the indictment, which charged illegal reentry into the United States. He entered the plea without a plea agreement.
Hernandez-Lugo consented to having the magistrate judge take his plea after being told that he had the right to have the plea taken by the district judge. The magistrate judge personally addressed him in open court and administered the admonishments required by Federal Rule of Criminal Procedure 11. Sentencing remained reserved for the presiding district judge.
The Court’s Holding
The magistrate judge found that Hernandez-Lugo understood the charge, potential penalties, and the constitutional and statutory rights he was waiving. The judge also found that Hernandez-Lugo was competent, that his plea was free and voluntary, and that a sufficient factual basis supported it.
Based on those findings, the magistrate judge found Hernandez-Lugo guilty of the charge to which he pleaded 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.
Key Takeaways
- Hernandez-Lugo pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, factually supported, and compliant with Rule 11.
- The recommendation remained subject to objections within 14 days and acceptance by the district judge.
Why It Matters
The findings document the procedural safeguards supporting Hernandez-Lugo’s guilty plea and provide the basis for the district judge to accept it and enter judgment. They also preserve the parties’ opportunity to object before district-court review.
The recommendation does not impose a sentence. Sentencing will be conducted separately by the presiding district judge.