Reported / Citable
Background
Orfa Cristina Foronda-Quinchia appeared with counsel for a plea hearing in the El Paso Division. She pleaded guilty to the indictment’s charge of false personation in immigration matters, in violation of 18 U.S.C. § 1546(a).
Foronda-Quinchia consented to enter her plea before a magistrate judge, subject to final approval and sentencing by the presiding district judge. The magistrate judge conducted the Rule 11 plea colloquy.
The Court’s Holding
Magistrate Judge Laura Enriquez found that Foronda-Quinchia understood the charge, the potential penalties, immigration consequences, trial rights, and the advisory nature of the Sentencing Guidelines. The court also found that she was competent and that her plea was knowing, voluntary, and supported by a factual basis.
The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The report did not itself finally accept the plea or impose sentence.
Key Takeaways
- The magistrate judge recommended acceptance of the guilty plea to false personation in immigration matters under 18 U.S.C. § 1546(a).
- The plea remained subject to final approval and sentencing by the presiding district judge.
- Written objections to the report and recommendation were due within 14 days; failure to object could bar de novo review and appellate review of adopted factual findings.
Why It Matters
The report documents Rule 11 findings supporting a guilty plea while preserving the district judge’s role in final plea acceptance and sentencing. It also underscores the consequences of failing to timely object to a magistrate judge’s findings and recommendation.