Reported / Citable
Background
Ivis Alvidrez-Jaquez was charged in Count One of an indictment with illegal reentry under 8 U.S.C. § 1326(a). He appeared with counsel and pleaded guilty under a plea agreement.
With Alvidrez-Jaquez’s consent, the plea proceeding occurred before a magistrate judge, subject to final approval and sentencing by the presiding district judge. The magistrate judge conducted Rule 11 admonishments and made findings concerning the defendant’s understanding of the charge, rights, penalties, plea agreement, and immigration consequences.
The Court’s Holding
Magistrate Judge Miguel A. Torres found that Alvidrez-Jaquez was competent and that his guilty plea was knowing, voluntary, and supported by an adequate factual basis. The judge also found that the plea was not induced by improper promises, threats, or force.
The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The report expressly left final approval of the plea and sentencing to the district judge.
Key Takeaways
- The magistrate judge recommended acceptance of the defendant’s guilty plea to illegal reentry.
- The recommendation rested on Rule 11 findings that the plea was knowing, voluntary, and factually supported.
- Final acceptance and sentencing remained for the presiding district judge.
Why It Matters
The report documents a completed plea colloquy and clears the case for the district judge’s consideration of the recommended plea acceptance and later sentencing. It is a recommendation, not a final judgment of conviction.