Reported / Citable
Background
Angel Obed Mazariegos-Alvarado was charged in Count One of an indictment with false personation in immigration matters, in violation of 18 U.S.C. § 1546(a).
At a plea hearing before U.S. Magistrate Judge Miguel A. Torres, Mazariegos-Alvarado, represented by counsel, pleaded guilty after Rule 11 admonishments. He consented to plea proceedings before the magistrate judge, with final approval and sentencing reserved to the presiding district judge.
The Court’s Holding
Judge Torres found that Mazariegos-Alvarado was competent and that his plea was free, knowing, and voluntary. The court also found that he understood the charge, trial rights, potential penalties, immigration consequences, advisory Sentencing Guidelines, and sentencing factors under 18 U.S.C. § 3553(a).
The magistrate judge further found a factual basis for the plea and that it was not induced by promises, threats, force, or threats of force. The report recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The filing is a report and recommendation, not the district judge’s final acceptance of the plea or a sentence.
- The defendant pleaded guilty to false personation in immigration matters under 18 U.S.C. § 1546(a).
- Written objections before sentencing may be necessary to preserve de novo review and appellate review of factual findings adopted by the district judge.
Why It Matters
The recommendation records Rule 11 findings supporting acceptance of the plea while preserving the district judge’s role in final approval and sentencing. It also underscores the consequences of failing to timely object to the magistrate judge’s findings.