Reported / Citable
Background
Nelson Romero-Membreno was charged in a single-count information or indictment with illegal reentry after deportation or removal, in violation of 8 U.S.C. § 1326. The district court referred the case to a magistrate judge to take Romero-Membreno’s felony guilty plea and allocution under Federal Rule of Criminal Procedure 11.
Romero-Membreno appeared with counsel and pleaded guilty without a plea agreement. After addressing him personally in open court, the magistrate judge determined that he understood the Rule 11 admonishments, the charge, the possible penalties, and the rights he would waive by pleading guilty. Romero-Membreno did not waive his right to appeal.
The Court’s Holding
In a report and recommendation—not a final judgment—the magistrate judge found that Romero-Membreno was competent and that his guilty plea was knowing, voluntary, and supported by a factual basis. The judge also found that Romero-Membreno had consented, with counsel’s advice, to enter the plea before the magistrate judge subject to the district judge’s final approval and sentencing.
The magistrate judge recommended that the district court accept the guilty plea and, after reviewing the presentence investigation report, enter a final judgment of guilt. The report advised the parties that they had 14 days to file specific written objections and warned that failure to object could limit district-court and appellate review.
Key Takeaways
- The magistrate judge recommended acceptance of Romero-Membreno’s guilty plea to illegal reentry under 8 U.S.C. § 1326.
- The plea was entered without a plea agreement, and Romero-Membreno did not waive his right to appeal.
- The recommendation remains subject to the district judge’s review, final approval, and sentencing.
Why It Matters
The report reflects the procedural safeguards required when a magistrate judge takes a felony guilty plea under Rule 11. It documents findings on competence, voluntariness, understanding of rights and penalties, and the existence of a factual basis before recommending acceptance of the plea.
Because this filing is a report and recommendation, it does not itself accept the plea, adjudicate Romero-Membreno guilty, or impose a sentence. Those steps remain for the district judge after consideration of any timely objections and the presentence investigation report.