Reported / Citable
Background
Jesus Noel Faudoa-Hernandez appeared before a United States magistrate judge, by consent, for a Federal Rule of Criminal Procedure 11 plea proceeding. He pleaded guilty to Count 1 of the indictment.
The charge identified in the report was illegal reentry after deportation under 8 U.S.C. § 1326(a). Faudoa-Hernandez was in custody at the time of the report.
The Court’s Holding
After placing Faudoa-Hernandez under oath and addressing the Rule 11 subjects, the magistrate judge found that his guilty plea was knowing and voluntary. The judge also found an independent factual basis supporting each essential element of the charged offense.
The magistrate judge recommended that the district judge accept the plea, adjudge Faudoa-Hernandez guilty, and impose sentence accordingly. The report further recommended that he remain in custody after a guilty finding. This was a report and recommendation, not a final acceptance of the plea by the district judge.
Key Takeaways
- The magistrate judge found the Rule 11 plea knowing, voluntary, and supported by an independent factual basis.
- The recommendation concerns a guilty plea to illegal reentry after deportation.
- The magistrate judge recommended continued custody and advised that objections were due within 14 days of service.
Why It Matters
The order illustrates the magistrate-judge role in conducting a consented-to felony plea colloquy and issuing a recommendation for the district judge’s disposition. It does not itself finally accept the plea or enter judgment.