Reported / Citable
Background
Luis Alberto Ramirez-Dominguez appeared with counsel and pleaded guilty to Count One of the indictment, charging illegal reentry under 8 U.S.C. § 1326(a). He entered the plea pursuant to a plea agreement.
Ramirez-Dominguez consented to plead before a magistrate judge, subject to final approval and sentencing by the presiding district judge. The magistrate judge conducted the required Federal Rule of Criminal Procedure 11 admonishments.
The Court’s Holding
Magistrate Judge Miguel A. Torres found that Ramirez-Dominguez was competent and that his guilty plea was knowing, voluntary, and supported by a factual basis. The judge also found that he understood the charge, potential penalties, immigration consequences, sentencing process, plea agreement, and appeal and collateral-attack waiver.
The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The recommendation remains subject to the district judge’s final approval.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326(a).
- The magistrate judge found full Rule 11 compliance and a voluntary, factually supported plea.
- The report recommends acceptance of the plea, with final action reserved for the district judge.
Why It Matters
The report clears the case for the district judge to decide whether to accept the plea and later impose sentence. It also warns that failing to object in writing before sentencing may foreclose de novo review and appellate review of factual findings adopted by the district judge.