Reported / Citable
Background
Osman Moises Lopez-Quintero appeared with counsel for a guilty-plea hearing on Count One of the indictment. The count charged illegal reentry under 8 U.S.C. § 1326.
Lopez-Quintero pleaded guilty under a plea agreement and consented to entering the plea before a magistrate judge, subject to final approval and sentencing by the presiding district judge.
The Court’s Holding
Magistrate Judge Robert F. Castaneda found that the Rule 11 plea colloquy established that Lopez-Quintero understood the charge, trial rights, potential penalties, immigration consequences, advisory Sentencing Guidelines, and the plea agreement’s appeal and collateral-attack waiver.
The magistrate judge further found that Lopez-Quintero was competent and that his plea was knowing, voluntary, and supported by a factual basis. The report therefore recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The ruling is a report and recommendation, not the district judge’s final acceptance of the plea or sentence.
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326.
- Written objections filed before sentencing may be necessary to preserve de novo review and appellate review of factual findings adopted by the district judge.
Why It Matters
The report documents a complete Rule 11 basis for accepting the plea while preserving the district judge’s role in final approval and sentencing. It also underscores the consequences of the plea agreement’s waiver provisions and of failing to timely object to the magistrate judge’s findings.