Reported / Citable
Background
Marla Xicay-Buch appeared with counsel and pleaded guilty under a plea agreement to Count One of the indictment, charging illegal reentry under 8 U.S.C. § 1326(a).
She consented to enter the plea before a magistrate judge, subject to final approval and sentencing by the presiding district judge.
The Court’s Holding
After conducting the required Federal Rule of Criminal Procedure 11 colloquy, Magistrate Judge Miguel A. Torres found that Xicay-Buch understood the charge, her trial rights, the plea agreement, potential penalties, immigration consequences, and the advisory nature of the Sentencing Guidelines.
The magistrate judge further found that the plea was competent, knowing, voluntary, and supported by a factual basis. The report and recommendation therefore recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The ruling is a recommendation to the district judge, not the district judge’s final acceptance of the plea or sentencing decision.
- The plea covered one count of illegal reentry under 8 U.S.C. § 1326(a).
- Written objections before sentencing may be necessary to preserve review of factual findings adopted by the district judge.
Why It Matters
The report documents compliance with Rule 11 and supplies the basis for the district judge to accept the plea. It also underscores that the defendant’s waiver of appeal and collateral-attack rights was addressed during the plea hearing.