Reported / Citable
Background
Bulmaro Eutimio Perez appeared with counsel before a U.S. magistrate judge to enter a felony guilty plea. Perez consented to have the magistrate judge conduct the plea proceeding, subject to the district judge’s final approval and sentencing authority.
During the July 28, 2026 hearing, the magistrate judge addressed Perez personally in open court, gave the admonishments required by Federal Rule of Criminal Procedure 11, and determined that he understood them. Perez waived prosecution by indictment and pleaded guilty to one count of illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
In a report and recommendation, the magistrate judge found that Perez understood the charge, the possible penalties, and the constitutional and statutory rights he was waiving. The judge also found that Perez was competent, that his plea was free and voluntary, and that a factual basis supported the plea.
The magistrate judge recommended that the district court accept Perez’s guilty plea and, after reviewing the presentence investigation report, enter a final judgment of guilt. The recommendation is not itself a final judgment; final approval and sentencing remain with the district judge.
Key Takeaways
- Perez pleaded guilty to one count of illegal reentry under 8 U.S.C. § 1326.
- The magistrate judge found that the plea satisfied Rule 11, including competency, voluntariness, and factual-basis requirements.
- The district court must decide whether to adopt the recommendation and accept the plea; objections are due within 14 days after service.
Why It Matters
The report documents the procedural safeguards required before a federal court may accept a felony guilty plea. Its findings provide the district judge with a basis to determine that Perez knowingly and voluntarily waived his rights and admitted the charged offense.
Because this is a magistrate judge’s recommendation rather than a final adjudication, the district judge retains responsibility for accepting the plea, entering judgment, and imposing sentence after review of the presentence investigation report.