Reported / Citable
Background
Magdaleno Hurtado-Guillermo appeared with counsel for a plea hearing in the Western District of Texas. He pleaded guilty to Count One of the indictment, charging false personation in immigration matters under 18 U.S.C. § 1546(a).
Hurtado-Guillermo consented to enter his plea before a magistrate judge, with final approval and sentencing reserved for the presiding district judge. The magistrate judge conducted the Rule 11 colloquy and advised him of his trial rights, the charge, potential penalties, immigration consequences, and the court’s sentencing obligations.
The Court’s Holding
Magistrate Judge Miguel A. Torres found that Hurtado-Guillermo was competent and that his guilty plea was knowing, voluntary, and supported by an adequate factual basis. The judge also found that the plea was not induced by promises, threats, force, or threats of force.
The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The report and recommendation did not itself finally accept the plea or impose sentence.
Key Takeaways
- The defendant pleaded guilty to false personation in immigration matters under 18 U.S.C. § 1546(a).
- The magistrate judge found the Rule 11 requirements satisfied, including competence, voluntariness, and a factual basis for the plea.
- Final acceptance of the plea and sentencing remained for the district judge.
Why It Matters
The report preserves the district judge’s role in final plea acceptance and sentencing while documenting that the defendant received the required Rule 11 advisements. It also warns that objections to the findings and recommendation must be filed before sentencing or may limit further review.