Reported / Citable
Background
Angel de Jesus Belmontes-Garcia 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 charge was use or possession of fraudulent immigration documents, in violation of 18 U.S.C. § 1546(a). The report states that Belmontes-Garcia was in custody.
The Court’s Holding
After advising and examining Belmontes-Garcia under oath on the Rule 11 subjects, the magistrate judge found that his guilty plea was knowing and voluntary.
The magistrate judge also found an independent factual basis supporting every essential element of the charged offense. The report therefore recommended that the district judge accept the plea, adjudge Belmontes-Garcia guilty, impose sentence accordingly, and order him to remain in custody.
Key Takeaways
- This was a report and recommendation, not the district judge’s final acceptance of the plea.
- The magistrate judge found both a voluntary plea and an adequate factual basis under Rule 11.
- Any 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 enter a conviction on the § 1546(a) charge and proceed to sentencing. It also preserves the parties’ opportunity to object before the district judge acts.