Reported / Citable
Background
Kevin Leon appeared with counsel before a magistrate judge and pleaded guilty under a plea agreement to Count One of the superseding indictment. That count charged conspiracy to import a controlled substance, in violation of 21 U.S.C. § 963.
Leon consented to enter his plea before the magistrate judge, subject to final approval and sentencing by the presiding district judge. The plea agreement included a waiver of the right to appeal or collaterally attack the sentence.
The Court’s Holding
After conducting the required Federal Rule of Criminal Procedure 11 admonishments, Magistrate Judge Robert F. Castaneda found that Leon understood his rights, the charge, potential penalties, the advisory nature of the Sentencing Guidelines, and the terms of the plea agreement.
The magistrate judge further found that Leon was competent, that his plea was knowing, free, and voluntary, and that a factual basis supported it. The judge therefore recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The document is a report and recommendation, not a final acceptance of the plea by the district judge.
- Leon pleaded guilty to conspiracy to import a controlled substance under 21 U.S.C. § 963.
- Written objections before sentencing may be necessary to preserve de novo and appellate review of factual findings adopted by the district judge.
Why It Matters
The recommendation moves the case toward final acceptance of Leon’s plea and sentencing. It also documents the Rule 11 findings supporting the plea’s validity, including Leon’s appeal and collateral-attack waiver.