Reported / Citable
Background
The district court referred Jesus Armando Reyes-Montes’s guilty plea to a United States magistrate judge for administration under Federal Rule of Criminal Procedure 11. The magistrate judge conducted the required plea hearing and issued findings of fact and a recommendation that the court accept the plea and adjudge Reyes-Montes guilty on Count One of the indictment.
Neither party objected to the magistrate judge’s findings and recommendation. Count One charged Reyes-Montes under 21 U.S.C. § 846 with conspiracy to distribute and possess with intent to distribute cocaine.
The Court’s Holding
The court adopted the magistrate judge’s findings of fact and recommendation on the guilty plea. It accepted Reyes-Montes’s plea and found him guilty of Count One.
The court deferred acceptance of the plea agreement until after reviewing the presentence report.
Key Takeaways
- The court adopted the unopposed findings and recommendation concerning Reyes-Montes’s Rule 11 guilty plea.
- Reyes-Montes was adjudged guilty of conspiracy to distribute and possess with intent to distribute cocaine under 21 U.S.C. § 846.
- The guilty plea was accepted, but acceptance of the plea agreement remains deferred pending review of the presentence report.
Why It Matters
The order formally establishes Reyes-Montes’s guilt on the cocaine-conspiracy count while distinguishing acceptance of his plea from acceptance of the plea agreement. The latter remains subject to the court’s review of the presentence report.