Reported / Citable
Background
Joshua Herrera appeared with counsel before U.S. Magistrate Judge John D. Love after the case was referred by District Judge Michael Schneider for the taking of a felony guilty plea. The parties consented to proceed before the magistrate judge.
Under a plea agreement with the government, Herrera pleaded guilty to Count Two of the indictment. The magistrate judge personally addressed Herrera in open court and conducted the required inquiry under Federal Rule of Criminal Procedure 11.
The Court’s Holding
The magistrate judge found that Herrera understood the charges, potential penalties, plea agreement, and rights he was waiving. The judge also found that Herrera was competent, that his plea was knowing and voluntary, that the plea had a factual basis, and that accepting it would serve the ends of justice.
The magistrate judge recommended that the district judge accept Herrera’s guilty plea and enter a final judgment of guilt. He further recommended approving the plea agreement, conditioned on review of the presentence report. Because the parties waived objections, the report and recommendation was to be presented to District Judge Schneider for immediate adoption.
Key Takeaways
- Herrera pleaded guilty to Count Two under a negotiated plea agreement.
- The Rule 11 inquiry established that the plea was knowing, voluntary, competent, and supported by a factual basis.
- The magistrate judge issued a recommendation; final acceptance of the plea, approval of the agreement, and sentencing remained with the district judge.
Why It Matters
The report illustrates the procedure for taking a felony guilty plea before a magistrate judge with the parties’ consent while reserving final approval and sentencing for the district judge. It also documents the findings necessary to establish compliance with Rule 11.