Reported / Citable
Background
Kevin Ivan Cobo-Tafoya appeared with counsel before a magistrate judge and pleaded guilty under a plea agreement to Count One of the indictment. The count charged conspiracy to transport aliens, in violation of 8 U.S.C. §§ 1324(a)(1)(A)(v)(I), (a)(1)(A)(ii), and (a)(1)(B)(i).
Cobo-Tafoya consented to enter the plea before the magistrate judge, subject to final approval and sentencing by the presiding 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 Cobo-Tafoya understood the charge, the rights he was waiving, the possible penalties, the immigration consequences, and the terms of the plea agreement, including its appeal and collateral-attack waiver.
The court further found that Cobo-Tafoya was competent and that his plea was knowing, voluntary, and supported by a factual basis. The magistrate judge therefore recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- This was a report and recommendation, not the district judge’s final acceptance of the plea or sentencing decision.
- The magistrate judge found the Rule 11 requirements satisfied.
- Failure to object in writing before sentencing may bar de novo review and appellate review of factual findings adopted by the district judge.
Why It Matters
The recommendation clears the way for the district judge to decide whether to accept Cobo-Tafoya’s plea and proceed to sentencing. It also underscores that plea-related objections must be raised before sentencing to preserve review.