Reported / Citable
Background
Ana Karen Cruz-Calixto appeared with counsel before U.S. Magistrate Judge Laura Enriquez and pleaded guilty to Count One of the indictment. That count charged false personation in immigration matters under 18 U.S.C. § 1546(a).
Cruz-Calixto consented to entering her plea before a magistrate judge, subject to final approval and sentencing by the presiding district judge. The court conducted the plea colloquy required by Federal Rule of Criminal Procedure 11.
The Court’s Holding
Judge Enriquez found that Cruz-Calixto understood the charge, her trial rights, the potential penalties, immigration consequences, the advisory nature of the Sentencing Guidelines, and the sentencing court’s consideration of 18 U.S.C. § 3553(a).
The magistrate judge further found that Cruz-Calixto was competent and that her plea was free, knowing, voluntary, and supported by a factual basis. The judge recommended that the district court accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The ruling is a report and recommendation, not the district judge’s final acceptance of the plea or sentence.
- The recommended plea concerns false personation in immigration matters under 18 U.S.C. § 1546(a).
- Written objections must be filed within 14 days; failure to object may foreclose de novo review and appellate review of factual findings adopted by the district court.
Why It Matters
The recommendation clears the case for the district judge to determine whether to accept Cruz-Calixto’s guilty plea and later impose sentence. It also preserves the parties’ opportunity to object to the magistrate judge’s findings within the stated 14-day period.