Reported / Citable
Background
Bonifacio Julian Chilel-Sebastian appeared with counsel before U.S. Magistrate Judge Miguel A. Torres 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).
Chilel-Sebastian consented to entering the plea before a magistrate judge, subject to final approval and sentencing by the presiding district judge. The magistrate judge conducted the plea proceeding under Federal Rule of Criminal Procedure 11.
The Court’s Holding
The magistrate judge found that Chilel-Sebastian was competent and that his plea was knowing, voluntary, and supported by a factual basis. The judge also found that he understood the charge, possible penalties, immigration consequences, trial rights, advisory Sentencing Guidelines, plea agreement, and waiver of appellate and collateral-review rights.
Based on those findings, the magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The report and recommendation did not itself finally accept the plea or impose a sentence.
Key Takeaways
- The magistrate judge found that the Rule 11 requirements were satisfied and that the guilty plea was knowing, voluntary, and factually supported.
- The plea agreement included a waiver of the right to appeal or collaterally attack the conviction or sentence imposed by the district judge.
- The notice stated 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 accepted or adopted by that judge.
Why It Matters
The recommendation documents the procedural findings required before the district judge may accept Chilel-Sebastian’s guilty plea. It also confirms that final approval of the plea, entry of judgment, and sentencing remain with the presiding district judge.