Reported / Citable
Background
Alberto Montalvo-Hernandez appeared with counsel before a magistrate judge and pleaded guilty under a plea agreement to Count One of the indictment, which charged illegal reentry in violation of 8 U.S.C. § 1326(a).
Montalvo-Hernandez consented to entering his plea before a magistrate judge, subject to the presiding district judge’s final approval and sentencing. During the Rule 11 proceeding, the magistrate judge advised him of his trial rights, the charge and potential penalties, the immigration consequences of the plea, the advisory Sentencing Guidelines, and the sentencing factors under 18 U.S.C. § 3553(a).
The Court’s Holding
Magistrate Judge Miguel A. Torres found that Montalvo-Hernandez was competent and that his plea was knowing, voluntary, and supported by a factual basis. The judge also found that Montalvo-Hernandez understood the plea agreement, including its waiver of the right to appeal or collaterally attack the conviction or sentence imposed by the district judge.
Based on those findings, the magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The report did not itself finally accept the plea, enter judgment, or impose a sentence.
Key Takeaways
- The magistrate judge concluded that the Rule 11 requirements were satisfied and recommended acceptance of the illegal-reentry guilty plea.
- Montalvo-Hernandez acknowledged the plea’s immigration consequences and understood that the Sentencing Guidelines are advisory.
- The report warned that failure to file written objections before sentencing may bar de novo determination by the district judge and shall bar appellate review of factual findings that the district judge accepts or adopts.
Why It Matters
The report documents the findings supporting the validity of Montalvo-Hernandez’s plea, including competency, voluntariness, understanding of waived rights, and the existence of a factual basis. Final approval of the plea and sentencing remain with the presiding district judge.