Reported / Citable
Background
The district court referred Amilcar Eduardo Dubon’s case to a magistrate judge to take his felony guilty plea and allocution under Federal Rule of Criminal Procedure 11. Dubon appeared with counsel and consented to enter his plea before the magistrate judge, subject to the district judge’s final approval and sentencing.
Without a plea agreement, Dubon pleaded guilty to the sole charge of illegal reentry after deportation or removal in violation of 8 U.S.C. § 1326. After addressing Dubon personally in open court, the magistrate judge determined that he understood the Rule 11 admonishments.
The Court’s Holding
The magistrate judge found that Dubon understood the charge, the possible penalties, his constitutional and statutory rights, and the effect of waiving those rights. The judge also found that Dubon was competent, that his plea was knowing and voluntary, and that a factual basis supported the plea.
The magistrate judge recommended that the district court accept Dubon’s guilty plea and, after reviewing the presentence investigation report, enter a final judgment of guilt. The report did not itself accept the plea, adjudicate Dubon guilty, or impose a sentence. It also noted that Dubon did not waive his right to appeal.
Key Takeaways
- Dubon pleaded guilty without a plea agreement to illegal reentry under 8 U.S.C. § 1326.
- The magistrate judge found that the Rule 11 requirements were satisfied and that the plea had a factual basis.
- Final acceptance of the plea, entry of judgment, and sentencing remain for the district judge.
Why It Matters
The report illustrates the limited role a magistrate judge may perform when taking a felony guilty plea by referral and with the defendant’s consent. Although the magistrate judge conducted the Rule 11 inquiry and recommended acceptance, the district judge retains responsibility for final approval and sentencing.
The parties have 14 days after service to file specific written objections. Failure to object may foreclose de novo district-court review and, except for plain error, appellate review of accepted findings and conclusions.