Reported / Citable
Background
Isaak Gilberto Millan appeared before a magistrate judge by consent under Federal Rule of Criminal Procedure 11 and pleaded guilty to Count 2 of the indictment.
The charge was possession with intent to distribute 400 grams or more of fentanyl, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A)(vi). Millan was in custody at the time of the report.
The Court’s Holding
After advising and examining Millan under oath on the Rule 11 subjects, the magistrate judge found that the plea was knowing and voluntary and supported by an independent factual basis containing each essential element of the offense.
The magistrate judge therefore recommended that the district judge accept the guilty plea, adjudge Millan guilty, and impose sentence accordingly. The report also recommended that Millan remain in custody after any finding of guilt 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 a factual basis.
- Any written objections to the report were due within 14 days of service.
Why It Matters
The report clears the way for the district judge to accept Millan’s plea to the fentanyl-distribution charge and proceed to sentencing. It also preserves the parties’ opportunity to object before the district judge acts.