Reported / Citable
Background
Wilman Ardubit Contreras-Maldonado appeared with counsel and pleaded guilty to Count One of the indictment, which charged illegal reentry under 8 U.S.C. § 1326. He entered the plea under a plea agreement.
Contreras-Maldonado consented to having a magistrate judge conduct the plea proceeding, subject to final approval and sentencing by the presiding district judge. The magistrate judge conducted the required Federal Rule of Criminal Procedure 11 admonishments.
The Court’s Holding
Magistrate Judge Robert F. Castaneda found that Contreras-Maldonado was competent and that his guilty plea was knowing, voluntary, and supported by a factual basis. The court found that he understood the charge, potential penalties, immigration consequences, advisory Sentencing Guidelines, and the plea agreement’s appeal and collateral-attack waiver.
The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The report was a recommendation, not a final acceptance of the plea by the district judge.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326.
- The magistrate judge found the Rule 11 requirements satisfied.
- The district judge retains final authority to accept the plea and impose sentence.
Why It Matters
The report clears the way for the district judge to accept the plea and proceed to sentencing. It also warns that failing to object in writing before sentencing may forfeit de novo review and appellate review of factual findings later adopted by the district judge.