Reported / Citable
Background
Levin Alexander Lontero-Monterrosa was charged in Count One of an indictment with illegal reentry into the United States. Under a general referral order, the matter went before a U.S. magistrate judge for the taking of a felony guilty plea.
On July 9, 2026, Lontero-Monterrosa appeared with counsel and consented to have the magistrate judge take his plea, while acknowledging that sentencing would be conducted by the presiding district judge. After receiving the admonishments required by Federal Rule of Criminal Procedure 11, he pleaded guilty to Count One without a plea agreement.
The Court’s Holding
The magistrate judge found that Lontero-Monterrosa understood the charge, potential penalties, and the constitutional and statutory rights he was waiving. The judge also found that the defendant was competent, entered the plea freely and voluntarily, and had a sufficient factual basis for the plea.
Based on those findings, the magistrate judge found Lontero-Monterrosa guilty of the charge to which he pleaded and recommended that the district judge accept the guilty plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing, and the parties were given 14 days to object to the findings and recommendation.
Key Takeaways
- Lontero-Monterrosa pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge concluded that the plea complied with Rule 11 and was knowing, voluntary, competent, and supported by a sufficient factual basis.
- The recommendation remains subject to review by the district judge, who will also conduct sentencing.
Why It Matters
The recommendation documents the procedural safeguards applied when a magistrate judge takes a felony guilty plea by consent. It also preserves the distinction between the magistrate judge’s findings and recommendation and the district judge’s responsibility to accept the plea, enter judgment, and impose sentence.