Reported / Citable
Background
The district court referred Thelma Padilla Matute’s guilty-plea proceeding to U.S. Magistrate Judge Zack Hawthorn for administration under Federal Rule of Criminal Procedure 11. After conducting the plea hearing, Judge Hawthorn issued findings of fact and recommended that the district court accept Matute’s plea.
The magistrate judge also recommended adjudging Matute guilty on Count One of the indictment. Neither party objected to the findings or recommendation.
The Court’s Holding
The district court adopted the magistrate judge’s findings of fact and recommendation and accepted Matute’s guilty plea. In accordance with that plea, the court adjudged her guilty on Count One, which charged unlawful reentry by a removed or deported alien in violation of 8 U.S.C. § 1326.
The court also ordered defense counsel to read and discuss the presentence report with Matute and to file any objections before the sentencing hearing.
Key Takeaways
- The district court adopted the unopposed findings and recommendation concerning Matute’s Rule 11 guilty-plea proceeding.
- The court accepted Matute’s plea and adjudged her guilty of unlawful reentry under 8 U.S.C. § 1326.
- Defense counsel must review the presentence report with Matute and submit any objections before sentencing.
Why It Matters
The order formally resolves the plea stage of the prosecution and establishes Matute’s guilt on Count One. The case now proceeds toward sentencing, with any challenges to the presentence report due before the sentencing hearing.