Reported / Citable
Background
Fernando Armendariz Morales appeared with counsel before a magistrate judge and pleaded guilty under a plea agreement to Count Two of the indictment. That count charged importation of a controlled substance under 21 U.S.C. §§ 952(a), 960(a)(1), and 960(b)(2)(B)(ii).
The magistrate judge conducted the plea colloquy required by Federal Rule of Criminal Procedure 11. Morales consented to enter his plea before the magistrate judge, subject to final approval and sentencing by the presiding district judge.
The Court’s Holding
Magistrate Judge Laura Enriquez found that Morales understood the charge, his trial rights, the possible penalties, the advisory nature of the Sentencing Guidelines, and the terms of his plea agreement, including its appeal and collateral-attack waiver.
The court further found that the plea was competent, free, knowing, voluntary, and supported by a factual basis. It recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The filing is a report and recommendation, not the district judge’s final acceptance of the plea or sentence.
- The magistrate judge found Rule 11’s plea-colloquy requirements satisfied.
- Morales pleaded guilty to importing a controlled substance pursuant to a plea agreement.
Why It Matters
The recommendation positions the case for the district judge’s final plea acceptance and sentencing. The notice also warns that failing to object in writing before sentencing may bar de novo review by the district judge and appellate review of factual findings later accepted or adopted.