Reported / Citable
Background
Franklin Roberto Rosales-Dubon was charged in Count One of the indictment with illegal reentry into the United States. The case was referred by general order to a U.S. magistrate judge to take Rosales-Dubon’s felony guilty plea.
Rosales-Dubon appeared with counsel on July 10, 2026. After being advised that he could have the district judge take his plea, he consented to proceed before the magistrate judge and pleaded guilty without a plea agreement.
The Court’s Holding
The magistrate judge found that Rosales-Dubon understood the charge, potential penalties, and the rights he was waiving. The judge also found that Rosales-Dubon was competent, that his plea was knowing and voluntary, and that a sufficient factual basis supported it.
The magistrate judge found Rosales-Dubon guilty of the charge and 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.
Key Takeaways
- Rosales-Dubon pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found that the plea satisfied Rule 11’s requirements and had a sufficient factual basis.
- The recommendation remained subject to objections and acceptance by the district judge, who would conduct sentencing.
Why It Matters
The findings document the procedural safeguards required before a federal felony guilty plea may be accepted, including competency, voluntariness, an understanding of the charge and penalties, and a sufficient factual basis.
The recommendation also reflects the distinct roles of the magistrate and district judges: the magistrate judge conducted the plea proceeding and recommended acceptance, while the presiding district judge retained responsibility for accepting the recommendation and imposing sentence.