Reported / Citable
Background
Juan Lopez-Lopez appeared with counsel before a U.S. magistrate judge to enter a felony guilty plea. The matter had been referred to the magistrate judge under a general order for the taking of the plea.
After being advised that he could have the district judge take his plea, Lopez-Lopez consented to proceed 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
Following the Rule 11 colloquy, the magistrate judge found that Lopez-Lopez understood the charge, potential penalties, and the rights he was waiving. The judge also found that Lopez-Lopez was competent, that his plea was free and voluntary, and that a sufficient factual basis supported it.
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 given 14 days after receiving the report to file written objections.
Key Takeaways
- Lopez-Lopez pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found that the plea satisfied Rule 11 and was knowing, voluntary, and supported by a sufficient factual basis.
- The recommendation remained subject to review by the district judge, who would also conduct sentencing.
Why It Matters
The findings document the procedural safeguards required before a federal felony guilty plea may be accepted. Because this was a magistrate judge’s report and recommendation, the district judge retained responsibility for accepting the plea, entering judgment, and imposing sentence.