Reported / Citable
Background
In this criminal case, the district court referred the administration of Nicholas Ryan Hernandez’s guilty plea and Rule 11 allocution to a United States magistrate judge under 28 U.S.C. § 636(b). Hernandez consented to that procedure.
The magistrate judge filed a memorandum and recommendation concerning the plea. The order does not identify the offense or summarize the plea proceeding.
The Court’s Holding
District Judge Xavier Rodriguez reviewed the magistrate judge’s memorandum and recommendation and found it neither clearly erroneous nor contrary to law. The court accepted the recommendation under 28 U.S.C. § 636(b)(1).
Accordingly, the court accepted Hernandez’s guilty plea. The order advised that timely objections to the magistrate judge’s findings and recommendations could trigger rescission of the order and de novo review.
Key Takeaways
- A defendant may consent to a magistrate judge’s administration of a Rule 11 guilty-plea proceeding.
- The district court accepted the guilty plea after reviewing the magistrate judge’s recommendation.
- The order preserved the parties’ ability to object and seek de novo review under § 636(b)(1).
Why It Matters
The order reflects the district court’s use of a magistrate judge for a consented-to plea proceeding, followed by district-judge review and acceptance of the plea. It does not resolve any disputed legal issue or identify the underlying charge.