Reported / Citable
Background
Yojaira Veronica Aguilon-Lopez appeared with counsel before a magistrate judge and pleaded guilty under an amended plea agreement to Count One of the indictment, which charged her with making a false statement in violation of 18 U.S.C. § 1001(a)(2).
Aguilon-Lopez consented to entering her plea before a magistrate judge, subject to the presiding district judge’s final approval and sentencing. After conducting the Rule 11 proceeding, the magistrate judge addressed her trial rights, the nature and potential consequences of the charge, the advisory Sentencing Guidelines, the amended plea agreement, and its waiver of the right to appeal or collaterally attack the sentence.
The Court’s Holding
The magistrate judge found Aguilon-Lopez competent and concluded that she entered the plea freely, knowingly, and voluntarily. The judge also found that she understood the charge, possible penalties, immigration consequences, constitutional rights relinquished by pleading guilty, and terms of the amended plea agreement, and that a factual basis supported the plea.
Based on those findings, the magistrate judge recommended that the district judge accept Aguilon-Lopez’s guilty plea and enter a judgment of guilt. The report did not itself finally accept the plea or impose a sentence; those matters remained for the district judge.
Key Takeaways
- Aguilon-Lopez pleaded guilty to making a false statement in violation of 18 U.S.C. § 1001(a)(2).
- The magistrate judge found that the plea satisfied Rule 11 and was knowing, voluntary, competent, and supported by a factual basis.
- The report warned that failure to submit written objections before sentencing may bar de novo determination by the district judge of a covered issue and shall bar appellate review of factual findings the district court accepts or adopts.
Why It Matters
The report documents the Rule 11 findings supporting the plea and provides the district judge with a basis to accept it and enter judgment. It also confirms Aguilon-Lopez’s understanding of the amended plea agreement, including its appellate and collateral-review waiver and the inability to withdraw her plea merely because the sentencing court declines to apply requested or recommended sentencing adjustments.