Reported / Citable
Background
Eduar Javier Almendarez-Caceres appeared with counsel before U.S. Magistrate Judge Laura Enriquez and pleaded guilty pursuant to a plea agreement. Count One charged illegal reentry under 8 U.S.C. § 1326(a).
Almendarez-Caceres consented to enter the plea before the magistrate judge, subject to final approval and sentencing by the presiding district judge. The plea agreement included a waiver of the right to appeal or collaterally attack the conviction or sentence.
The Court’s Holding
After conducting the required Federal Rule of Criminal Procedure 11 colloquy, the magistrate judge found that Almendarez-Caceres understood his rights, the charge, the consequences of his plea, the possible penalties, the immigration consequences, and the advisory nature of the Sentencing Guidelines.
The magistrate judge further found that the plea was competent, knowing, voluntary, and supported by a factual basis. Judge Enriquez recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The recommendation concerns a guilty plea to illegal reentry under 8 U.S.C. § 1326(a).
- The magistrate judge found the Rule 11 requirements satisfied.
- The district judge retained authority to finally approve the plea and impose sentence.
Why It Matters
The report does not itself impose a conviction or sentence; it recommends acceptance of the plea to the district judge. The parties were notified that failing to object in writing before sentencing could bar de novo review by the district judge and appellate review of factual findings later accepted or adopted.