Reported / Citable
Background
Jose Alexander Argueta-Munoz was charged in Count One of the indictment with being a prohibited person in possession of a firearm, in violation of 18 U.S.C. § 922(g)(5).
The district court referred administration of Argueta-Munoz’s guilty plea to U.S. Magistrate Judge John D. Love under Federal Rule of Criminal Procedure 11. After conducting the Rule 11 hearing, the magistrate judge issued findings of fact and recommended that the district court accept the plea and adjudge Argueta-Munoz guilty. Argueta-Munoz waived his right to object to those findings.
The Court’s Holding
District Judge J. Campbell Barker accepted the magistrate judge’s findings and recommendation on the guilty plea. The court accepted Argueta-Munoz’s guilty plea and found him guilty on Count One.
The court deferred acceptance of the parties’ plea agreement until it reviews the presentence report. The order therefore adjudicated Argueta-Munoz guilty of violating § 922(g)(5), while leaving acceptance of the plea agreement for later consideration.
Key Takeaways
- The court accepted Argueta-Munoz’s guilty plea after a Rule 11 proceeding before a magistrate judge.
- Argueta-Munoz was adjudged guilty of prohibited-person firearm possession under 18 U.S.C. § 922(g)(5).
- The plea agreement was not yet accepted; the court deferred that decision pending review of the presentence report.
Why It Matters
The order distinguishes acceptance of a defendant’s guilty plea from acceptance of a plea agreement. Even after accepting the plea and entering a guilty finding, the district court retained its decision on the agreement until it could review the presentence report.