Reported / Citable
Background
Arturo Campos-Villafuerte appeared with counsel before a magistrate judge and pleaded guilty under a plea agreement to Count One of the indictment. That count charged illegal reentry under 8 U.S.C. § 1326(a).
The magistrate judge conducted the Rule 11 plea colloquy. Campos-Villafuerte consented to pleading before the magistrate judge, subject to final approval and sentencing by the presiding district judge.
The Court’s Holding
The magistrate judge found that Campos-Villafuerte understood the charge, trial rights, possible penalties, immigration consequences, advisory Sentencing Guidelines, and the plea agreement’s appeal and collateral-attack waiver. The court also found that he was competent and that his plea was knowing, voluntary, and supported by a factual basis.
Based on those findings, Magistrate Judge Miguel A. Torres 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 recommendation concerns a guilty plea to illegal reentry under 8 U.S.C. § 1326(a).
- The magistrate judge concluded that the Rule 11 requirements were satisfied.
- Final acceptance of the plea and sentencing remain for the district judge.
Why It Matters
The report preserves the procedural distinction between a magistrate judge’s plea recommendation and the district judge’s final action. It also warns that written objections filed before sentencing are necessary to preserve review of factual findings adopted by the district judge.