Reported / Citable
Background
The district court referred Marcial Santos Vazquez’s guilty plea to U.S. Magistrate Judge John D. Love for administration under Federal Rule of Criminal Procedure 11. After conducting the Rule 11 hearing, the magistrate judge issued findings and recommended that the court accept Vazquez’s plea and adjudge him guilty on Count One.
Vazquez waived his right to object to the magistrate judge’s findings. Count One charged him with violating 18 U.S.C. § 922(g)(5), described in the order as prohibited-person possession of a firearm.
The Court’s Holding
District Judge J. Campbell Barker accepted the magistrate judge’s findings of fact and recommendation on the guilty plea. The court accepted Vazquez’s guilty plea and found him guilty on Count One of the indictment.
The court did not yet accept the plea agreement. It expressly deferred that decision until after reviewing the presentence report.
Key Takeaways
- The court accepted Vazquez’s guilty plea after a magistrate judge conducted the Rule 11 proceeding.
- Vazquez was adjudged guilty of Count One, charging a violation of 18 U.S.C. § 922(g)(5).
- Acceptance of the plea agreement remains deferred pending review of the presentence report.
Why It Matters
The order separates acceptance of the defendant’s guilty plea from acceptance of the plea agreement. Vazquez has been adjudged guilty, but the agreement’s terms remain subject to the district court’s later review of the presentence report.