Reported / Citable
Background
Azaiah Nathaniel Zuniga-Valle appeared before a United States magistrate judge and, by consent, pleaded guilty to Count 1 of the indictment under Federal Rule of Criminal Procedure 11.
The charged offense was unlawful possession of a machinegun, in violation of 18 U.S.C. §§ 922(o)(1) and 924(a)(2). Zuniga-Valle was in custody at the time of the report and recommendation.
The Court’s Holding
After placing Zuniga-Valle under oath and addressing the Rule 11 subjects, the magistrate judge found that the plea was knowing and voluntary. The magistrate judge also found an independent factual basis supporting every essential element of the charged offense.
The magistrate judge recommended that the district judge accept the guilty plea, adjudge Zuniga-Valle guilty, and impose sentence accordingly. The magistrate judge further recommended that Zuniga-Valle remain in custody after any guilty finding by the district judge.
Key Takeaways
- This was a report and recommendation, not a final acceptance of the plea by the district judge.
- The magistrate judge found the Rule 11 plea colloquy established a knowing, voluntary plea with an adequate factual basis.
- Written objections to the recommendation were due within 14 days of service.
Why It Matters
The recommendation clears the way for the district judge to accept Zuniga-Valle’s guilty plea to unlawful machinegun possession and proceed to sentencing. It also preserves custody pending the district judge’s action.