Reported / Citable
Background
Luis Angel Cruz-Lozano 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 in violation of 8 U.S.C. § 1326. The matter had been referred to the magistrate judge under a general order for the taking of a felony guilty plea.
Cruz-Lozano consented, with counsel’s advice, to having the magistrate judge take his plea. After advising him that he could have the district judge take the plea, the magistrate judge personally addressed him in open court and gave the admonishments required by Federal Rule of Criminal Procedure 11. Cruz-Lozano entered the plea without a plea agreement.
The Court’s Holding
The magistrate judge found that Cruz-Lozano understood the charge, possible penalties, and the rights he was waiving; that he entered the plea freely and voluntarily; and that he was competent to plead guilty. The magistrate judge also found a sufficient factual basis for the plea and noted Cruz-Lozano’s acknowledgment that restitution could apply.
Based on those findings, the magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The recommendation advised the parties that they could file written objections within 14 days and referred the case to the presiding district judge for sentencing.
Key Takeaways
- Cruz-Lozano pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, factually supported, and entered by a competent defendant.
- The plea’s acceptance and entry of judgment were recommendations to the district judge, and the parties had 14 days to object.
Why It Matters
The findings document the Rule 11 safeguards supporting Cruz-Lozano’s felony guilty plea. Procedurally, the ruling is a report and recommendation rather than the district judge’s final acceptance of the plea, preserving the opportunity for objections and district-court review before the recommended disposition is adopted.