Reported / Citable
Background
Dana Rubi Lopez-Amparan was charged with illegal re-entry in violation of 8 U.S.C. § 1326(a). The defendant appeared before the magistrate judge on June 24, 2026, with counsel present and entered into a plea agreement under which she pled guilty to Count One of the indictment.
The Court’s Holding
The magistrate judge, having conducted a Rule 11 colloquy, made fourteen findings supporting acceptance of the guilty plea. The court found that the defendant understood her rights, including the right to trial, confrontation of witnesses, and protection against self-incrimination; that she understood the nature of the charge, the mandatory minimum and maximum penalties, and the immigration consequences; and that her plea was entered freely, knowingly, and voluntarily without inducement beyond the plea agreement or any threats or coercion.
Based on these findings, including confirmation that there is a factual basis for the guilty plea, the magistrate judge recommended to the district judge that the guilty plea be accepted and that a judgment of guilt be entered.
Key Takeaways
- Defendant received full Rule 11 advisements regarding rights waived by guilty plea, including appellate review rights.
- Magistrate confirmed defendant understood immigration consequences of the plea.
- Defendant waived the right to appeal or collaterally attack the conviction or sentence imposed by the district judge.
- The recommendation is subject to de novo review and final approval by the district judge.
Why It Matters
Illegal reentry prosecutions under 8 U.S.C. § 1326(a) are common in border districts. This document reflects the procedural safeguards required under Federal Rule of Criminal Procedure 11 to ensure that guilty pleas are constitutionally adequate and entered with full understanding of consequences, particularly in immigration cases where collateral consequences are substantial.