Reported / Citable
Background
Marvin Perez-De Leon appeared before a United States magistrate judge and, by consent, entered a guilty plea to Count 1 of the indictment. The proceeding was conducted under Federal Rule of Criminal Procedure 11.
The report identifies the charged offense as illegal reentry after deportation, citing 8 U.S.C. § 1326(a). Perez-De Leon was in custody at the time of the report.
The Court’s Holding
After placing Perez-De Leon under oath and addressing the Rule 11 subjects, the magistrate judge found that his guilty plea was knowing and voluntary. The judge also found an independent factual basis supporting each essential element of the charged offense.
The magistrate judge recommended that the district judge accept the plea, adjudge Perez-De Leon guilty, and impose sentence accordingly. The report further recommended that he remain in custody after a guilty finding.
Key Takeaways
- The filing is a report and recommendation, not a final acceptance of the plea by the district judge.
- The magistrate judge found the plea knowing, voluntary, and supported by an independent factual basis.
- Written objections were due within 14 days of service under 28 U.S.C. § 636(b)(1)(B).
Why It Matters
The report clears the way for the assigned district judge to accept the guilty plea and proceed to sentencing in the illegal-reentry prosecution. It also preserves the parties’ opportunity to object before the district judge acts on the recommendation.