Reported / Citable
Background
The district court referred the case to U.S. Magistrate Judge Christine L. Stetson to administer Josue Ernesto Barrientos-Ardon’s guilty plea under Federal Rule of Criminal Procedure 11. After conducting the plea hearing, Judge Stetson issued findings of fact and recommended that the district court accept the plea.
Judge Stetson also recommended that Barrientos-Ardon be adjudged guilty on Count One of the indictment, which charged reentry of a deported alien in violation of 8 U.S.C. § 1326(a) and (b). Neither party objected to the magistrate judge’s findings and recommendation.
The Court’s Holding
District Judge Michael J. Truncale adopted the magistrate judge’s findings of fact and recommendation. The court accepted Barrientos-Ardon’s guilty plea.
Consistent with the plea and the adopted recommendation, the court adjudged Barrientos-Ardon guilty on Count One of the indictment for violating 8 U.S.C. § 1326(a) and (b).
Key Takeaways
- The district court adopted the magistrate judge’s unopposed findings and recommendation concerning the Rule 11 guilty plea.
- The court formally accepted Barrientos-Ardon’s guilty plea.
- Barrientos-Ardon was adjudged guilty of reentry of a deported alien under 8 U.S.C. § 1326(a) and (b).
Why It Matters
The order completes the plea-acceptance and guilt-adjudication stage of the prosecution. It also illustrates the procedure by which a district judge may refer a Rule 11 plea hearing to a magistrate judge and later adopt the magistrate judge’s unopposed recommendation.