Reported / Citable
Background
Maynor Fermin Perez-Lopez pleaded guilty to Count One of the indictment, which charged illegal reentry under 8 U.S.C. § 1326(a). He entered the plea pursuant to a plea agreement.
Perez-Lopez consented to pleading before a magistrate judge, subject to final approval and sentencing by the presiding district judge. The magistrate judge conducted the plea colloquy required by Federal Rule of Criminal Procedure 11.
The Court’s Holding
Magistrate Judge Miguel A. Torres found that Perez-Lopez understood the charge, his trial rights, the potential penalties, the advisory nature of the Sentencing Guidelines, and the plea agreement’s appeal and collateral-attack waiver.
The court further found that Perez-Lopez was competent and that his plea was free, knowing, voluntary, and supported by a factual basis. The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The magistrate judge recommended acceptance of the plea; final approval and sentencing remain with the district judge.
- The Rule 11 colloquy established that the plea was knowing, voluntary, and factually supported.
- The plea agreement included a waiver of the right to appeal or collaterally attack the future conviction or sentence.
Why It Matters
The recommendation clears the case for the district judge to decide whether to accept Perez-Lopez’s guilty plea and proceed to sentencing. It also preserves the record supporting the plea’s validity and the defendant’s waiver provisions.