Reported / Citable
Background
Rosbin Melgar-Lopez was charged in Count One of an indictment with assaulting, resisting, or impeding certain federal officers or employees in violation of 18 U.S.C. § 111(a)(1) and (b).
The district court referred administration of Melgar-Lopez’s guilty plea to U.S. Magistrate Judge Christine L. Stetson. After conducting a hearing under Federal Rule of Criminal Procedure 11, Judge Stetson recommended that the district court accept the plea and adjudge Melgar-Lopez guilty on Count One. Neither party objected to her findings and recommendation.
The Court’s Holding
U.S. District Judge Marcia A. Crone adopted the magistrate judge’s findings of fact and recommendation. The court accepted Melgar-Lopez’s guilty plea and adjudged him guilty on Count One of the indictment.
The court did not yet accept the plea agreement. It deferred that decision until after reviewing the presentence report.
Key Takeaways
- The district court adopted the magistrate judge’s unopposed findings and recommendation concerning the Rule 11 guilty-plea proceeding.
- Melgar-Lopez was adjudged guilty of violating 18 U.S.C. § 111(a)(1) and (b).
- Acceptance of the guilty plea did not resolve whether the court would accept the plea agreement, which remained subject to presentence-report review.
Why It Matters
The order illustrates the distinction between accepting a defendant’s guilty plea and accepting the associated plea agreement. Although the court entered an adjudication of guilt, it reserved its decision on the agreement until it could evaluate the presentence report.