Reported / Citable
Background
Jesus Perez-Torres appeared with counsel before a U.S. magistrate judge to enter a felony guilty plea. He consented to having the magistrate judge conduct the plea proceeding after being advised that he had the right to have the plea taken by the district judge.
Perez-Torres pleaded guilty, without a plea agreement, to Count One of the indictment: illegal reentry into the United States in violation of 8 U.S.C. § 1326. The magistrate judge personally addressed him in open court and provided the admonishments required by Federal Rule of Criminal Procedure 11.
The Court’s Holding
The magistrate judge found that Perez-Torres understood the charge, possible penalties, and the rights he was waiving; was competent to plead guilty; and entered the plea freely and voluntarily. The judge also found a sufficient factual basis for the plea and noted that Perez-Torres acknowledged he could be subject to restitution.
The magistrate judge 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
- Perez-Torres pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, competent, and supported by a sufficient factual basis.
- The recommendation was not the district judge’s final acceptance of the plea; sentencing remained before the presiding district judge.
Why It Matters
The findings document the Rule 11 safeguards required before a federal felony guilty plea may be accepted. They also preserve the procedural distinction between the magistrate judge’s plea proceeding and recommendation and the district judge’s authority to accept the plea, enter judgment, and impose sentence.