Reported / Citable
Background
Xavier Rey Vasquez appeared before a U.S. magistrate judge under Federal Rule of Criminal Procedure 11 and, by consent, pleaded guilty to Count 2 of the indictment.
Count 2 charged Vasquez with possessing a firearm in furtherance of a drug-trafficking crime, in violation of 18 U.S.C. § 924(c). Vasquez was in custody at the time of the report.
The Court’s Holding
After advising and examining Vasquez under oath on the Rule 11 subjects, the magistrate judge found that his guilty plea was knowing and voluntary.
The magistrate judge also found an independent factual basis supporting each essential element of the charged offense. The report therefore recommended that the district judge accept the plea, adjudge Vasquez guilty, and impose sentence accordingly.
The magistrate judge further recommended that Vasquez remain in custody after a finding of guilt. The report was subject to objections and did not itself constitute the district judge’s final acceptance of the plea.
Key Takeaways
- The magistrate judge found Vasquez’s Rule 11 plea knowing and voluntary.
- The report found a factual basis for the § 924(c) firearm-in-furtherance-of-drug-trafficking offense.
- The recommendation included continued custody pending the district judge’s action.
Why It Matters
The filing reflects the Rule 11 screening required before a district judge accepts a guilty plea. It also underscores that a magistrate judge’s plea report is a recommendation subject to objection, rather than the final adjudication.