Reported / Citable
Background
Luis Alejandro Cuello-Perez, also known as Hector Jesus Guzman-Oyola, was charged by indictment with illegal reentry under 8 U.S.C. §§ 1326(a) and (b)(1).
Cuello-Perez appeared with counsel before U.S. Magistrate Judge Laura Enriquez and pleaded guilty after receiving the admonitions required by Federal Rule of Criminal Procedure 11. He consented to the magistrate judge conducting the plea proceeding, subject to final approval and sentencing by the presiding district judge.
The Court’s Holding
Magistrate Judge Enriquez found that Cuello-Perez understood his trial rights, the charge, the immigration consequences of his plea, the potential penalties, and the court’s sentencing obligations. The court also found that he was competent and that his plea was knowing, voluntary, and not induced by promises, threats, or force.
The magistrate judge further found a factual basis for the plea and recommended that the district judge accept Cuello-Perez’s guilty plea and enter a judgment of guilt. The recommendation did not itself impose sentence or finally accept the plea.
Key Takeaways
- The magistrate judge recommended acceptance of Cuello-Perez’s guilty plea to illegal reentry.
- The recommendation rested on Rule 11 findings that the plea was competent, knowing, voluntary, and supported by a factual basis.
- Final plea approval and sentencing remain with the presiding district judge.
Why It Matters
The report preserves the plea record for district-court review while confirming that Cuello-Perez received the required Rule 11 advisements. It also warns that failing to object in writing before sentencing may bar de novo review and appellate review of factual findings later adopted by the district judge.