Reported / Citable
Background
Ernesto Portillo Damaso appeared before U.S. Magistrate Judge Susan Hightower for a felony plea proceeding and allocution under Federal Rule of Criminal Procedure 11. Damaso waived his appearance before the district court for that proceeding.
On July 20, 2026, the magistrate judge filed a report and recommendation advising the district court to accept Damaso’s guilty plea. Damaso did not oppose the recommendation.
The Court’s Holding
After reviewing the case file and the magistrate judge’s report and recommendation, the district court accepted Damaso’s guilty plea to Count 1 of the Information.
The one-page order did not describe the charged offense or address sentencing. It resolved only whether to accept the guilty plea.
Key Takeaways
- The district court accepted Damaso’s guilty plea to Count 1 of the Information.
- The plea and Rule 11 allocution occurred before Magistrate Judge Susan Hightower after Damaso waived appearance before the district court.
- Damaso filed no opposition to the magistrate judge’s recommendation that the plea be accepted.
Why It Matters
The order formally accepts Damaso’s felony guilty plea following a magistrate judge’s plea proceeding and recommendation. Because the order does not identify the offense, discuss the plea’s factual basis, or impose a sentence, it should not be read as resolving issues beyond acceptance of the plea.