Reported / Citable
Background
Francisco Charco-Guaraca appeared with counsel before a magistrate judge and pleaded guilty under a plea agreement to Count One of the indictment, which charged illegal reentry in violation of 8 U.S.C. § 1326(a).
After conducting the plea hearing and giving the admonishments required by Federal Rule of Criminal Procedure 11, the magistrate judge examined Charco-Guaraca’s understanding of the charge, possible penalties, immigration consequences, trial rights, advisory Sentencing Guidelines, and the plea agreement’s waiver of appellate and collateral-review rights.
The Court’s Holding
The magistrate judge found that Charco-Guaraca was competent and that his plea was free, knowing, and voluntary. The judge also found that the plea was not induced by threats or promises outside the plea agreement and that a factual basis supported it.
Because Charco-Guaraca had consented to enter his plea before a magistrate judge, subject to final approval and sentencing by the presiding district judge, the magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The magistrate judge found that the Rule 11 requirements were satisfied and that Charco-Guaraca understood the rights relinquished by pleading guilty.
- The findings included Charco-Guaraca’s understanding of the charge, sentencing framework, immigration consequences, and waiver of appellate and collateral-review rights.
- The report is a recommendation to the district judge, not a final acceptance of the plea or a sentencing decision.
Why It Matters
The report documents the findings supporting judicial acceptance of Charco-Guaraca’s guilty plea while leaving final approval and sentencing to the presiding district judge.
The notice states that failure to file written objections before sentencing may bar de novo determination by the district judge and shall bar appellate review of factual findings that the district judge accepts or adopts.