Reported / Citable
Background
Brandon Cruz Perales appeared before a magistrate judge under Federal Rule of Criminal Procedure 11 and pleaded guilty to Count 1 of the indictment.
Count 1 charged possession with intent to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B)(viii). Perales was in custody at the time of the report.
The Court’s Holding
After advising and examining Perales 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 covering the offense’s essential elements.
The magistrate judge recommended that the district judge accept the guilty plea, adjudge Perales guilty, and impose sentence accordingly. The report also recommended that Perales remain in custody after a finding of guilt.
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 sufficient to establish a knowing, voluntary, factually supported plea.
- Written objections to the recommendation were due within 14 days of service.
Why It Matters
The report clears the way for the assigned district judge to accept Perales’s plea and proceed to sentencing. It also preserves the parties’ opportunity to object before the district judge acts.