Reported / Citable
Background
Jose Manuel Hernandez-Ramirez appeared with counsel before a magistrate judge to enter a felony guilty plea. The matter had been referred under a general order for the magistrate judge to take the plea pursuant to 28 U.S.C. § 636(b)(3).
After being advised that he could have the district judge take his plea, Hernandez-Ramirez consented to proceeding before the magistrate judge. He pleaded guilty, without a plea agreement, to Count One of the indictment: illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
The magistrate judge found that Hernandez-Ramirez understood the charge, potential penalties, and rights he was waiving; was competent; and entered his plea freely and voluntarily. The judge also found a sufficient factual basis for the plea and found Hernandez-Ramirez guilty of the charge to which he pleaded.
The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The case was referred to the presiding district judge for sentencing, and the parties were notified that objections to the findings and recommendation were due within 14 days of receipt.
Key Takeaways
- Hernandez-Ramirez pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge concluded that the plea satisfied Rule 11’s competency, voluntariness, knowledge, and factual-basis requirements.
- Final acceptance of the plea, entry of judgment, and sentencing remained before the district judge.
Why It Matters
The recommendation illustrates the procedure for taking a felony guilty plea before a magistrate judge with the defendant’s consent. It also preserves the district judge’s role in accepting the recommendation, entering judgment, and imposing sentence.