Reported / Citable
Background
The United States charged Flavio Gutierrez-Perez in Count One of an indictment with illegal reentry after removal, in violation of 8 U.S.C. § 1326(a) and (b).
The district court referred administration of Gutierrez-Perez’s guilty plea to a magistrate judge under Federal Rule of Criminal Procedure 11. After conducting a Rule 11 hearing, the magistrate judge issued findings of fact and recommended that the district court accept the plea and adjudge Gutierrez-Perez guilty on Count One. Neither party objected.
The Court’s Holding
District Judge Michael J. Truncale adopted the magistrate judge’s findings of fact and recommendation on the guilty plea after reviewing them.
The court accepted Gutierrez-Perez’s guilty plea and adjudged him guilty on Count One, the illegal-reentry-after-removal charge under 8 U.S.C. § 1326(a) and (b).
Key Takeaways
- The court adopted the magistrate judge’s Rule 11 plea findings and recommendation.
- No party objected to the magistrate judge’s findings.
- The order adjudged Gutierrez-Perez guilty of illegal reentry after removal under 8 U.S.C. § 1326(a) and (b).
Why It Matters
This is a plea-acceptance order rather than a merits ruling on the elements of illegal reentry or a sentencing decision. It formalizes the defendant’s conviction on Count One following the Rule 11 proceeding.