Reported / Citable
Background
Michael Paul Salazar was charged in Counts One and Two of the indictment with possessing a firearm and ammunition as a convicted felon, in violation of 18 U.S.C. § 922(g)(1).
The district court referred the administration of Salazar’s guilty plea to a United States magistrate judge under Federal Rule of Criminal Procedure 11. After conducting the Rule 11 hearing, the magistrate judge issued findings of fact and a recommendation that the court accept the plea and adjudge Salazar guilty on both counts. Neither party objected.
The Court’s Holding
District Judge Sean D. Jordan adopted the magistrate judge’s findings and recommendation. The court accepted Salazar’s guilty plea and found him guilty on Counts One and Two of the indictment.
The court deferred acceptance of Salazar’s plea agreement until it reviews the presentence report. The order therefore resolved guilt on the charged § 922(g)(1) offenses but did not accept the plea agreement at that time.
Key Takeaways
- The court adopted an unopposed magistrate judge’s Rule 11 guilty-plea recommendation.
- Salazar was adjudged guilty on two counts of possessing a firearm and ammunition as a convicted felon under 18 U.S.C. § 922(g)(1).
- Acceptance of the plea agreement was deferred pending review of the presentence report.
Why It Matters
The order illustrates the distinction between accepting a defendant’s guilty plea and accepting a plea agreement. A district court may adjudge guilt after a compliant Rule 11 proceeding while reserving its decision on the agreement until it has reviewed sentencing information in the presentence report.