Reported / Citable
Background
Flavio Paul Macas-Japon was charged with illegal reentry into the United States in violation of 8 U.S.C. § 1326. The case was referred by general order to a U.S. magistrate judge to conduct the felony guilty-plea proceeding.
Macas-Japon appeared with counsel on June 30, 2026. After being advised that a district judge could take his plea and receiving the required Rule 11 admonishments, he consented to proceed before the magistrate judge and pleaded guilty to Count One without a plea agreement.
The Court’s Holding
The magistrate judge found that Macas-Japon understood the charge, possible penalties, and the rights he was waiving; was competent to plead; and entered the plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea and found Macas-Japon guilty of the charge to which he pleaded.
Based on those findings, the magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing, and the parties were given 14 days to object to the findings and recommendation.
Key Takeaways
- Macas-Japon pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found that the plea satisfied Rule 11 and was knowing, voluntary, competent, and supported by an adequate factual basis.
- The filing was a recommendation to the district judge, not the final sentencing judgment.
Why It Matters
The recommendation documents the procedural safeguards required before a federal felony guilty plea may be accepted. It also underscores the division of responsibilities in this proceeding: the magistrate judge conducted the plea colloquy and recommended acceptance, while the district judge retained responsibility for final acceptance and sentencing.