Reported / Citable
Background
Mario Vicente Chilel appeared with counsel before a magistrate judge and, by consent, sought to plead guilty under Federal Rule of Criminal Procedure 11. The proceeding was conducted subject to final approval and sentencing by the presiding district judge.
Under a written plea agreement with the government, Chilel pleaded guilty to Count One of the indictment, which charged illegal reentry after deportation in violation of 8 U.S.C. §§ 1326(a) and 1326(b)(1), along with cited provisions of 6 U.S.C.
The Court’s Holding
After examining Chilel under oath, the magistrate judge found that he understood the charge, its essential elements and penalties, the plea agreement, and the constitutional and statutory rights he was waiving. The judge also found that Chilel was competent, that his plea was knowing and voluntary, and that a factual basis supported it.
The magistrate judge recommended that the district judge accept the guilty plea, adjudge Chilel guilty, and impose sentence accordingly. The report emphasized that the district judge retained final decision-making authority and that Chilel had 14 days to object to the findings or other actions taken during the plea proceeding.
Key Takeaways
- Chilel pleaded guilty under a written agreement to illegal reentry after deportation.
- The magistrate judge found the Rule 11 requirements satisfied, including competence, voluntariness, an informed waiver of rights, and a factual basis.
- The recommendation remains subject to review and final action by the district judge, with objections due within 14 days.
Why It Matters
The report documents the procedural findings necessary for acceptance of a federal guilty plea. It does not itself constitute the district court’s final adjudication or sentencing decision; those matters remain with the presiding district judge.