Reported / Citable
Background
Marvin Calo-Calo, also known as Manuel Sic Camaja, appeared with counsel and pleaded guilty under a plea agreement to Count One of the indictment, charging illegal reentry in violation of 8 U.S.C. § 1326.
Calo-Calo consented to enter the plea before a magistrate judge, subject to final approval and sentencing by the district judge. The magistrate judge conducted the plea colloquy required by Federal Rule of Criminal Procedure 11.
The Court’s Holding
The magistrate judge found that Calo-Calo was competent and that his guilty plea was knowing, voluntary, and supported by a factual basis. The court also found that he understood the charge, immigration consequences, possible penalties, advisory Guidelines, plea agreement, and appellate and collateral-review waiver.
Based on those findings, Magistrate Judge Robert F. Castaneda recommended that the district judge accept the guilty plea and enter a judgment of guilt. The recommendation did not itself impose sentence or finally accept the plea.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326.
- The magistrate judge found the Rule 11 requirements satisfied.
- Final acceptance of the plea and sentencing remained for the district judge.
Why It Matters
The order is a plea-stage recommendation, not a final conviction or sentencing decision. It preserves the district judge’s role in accepting the plea and entering judgment.