Reported / Citable
Background
Evelio Misael Mendez-Cinto was charged in Count One of the indictment with illegal reentry, in violation of 8 U.S.C. § 1326(a). He appeared with counsel before a magistrate judge and pleaded guilty under a plea agreement.
Mendez-Cinto consented to entering his plea before the magistrate judge, subject to final approval and sentencing by the presiding district judge. The magistrate judge conducted the Rule 11 plea colloquy.
The Court’s Holding
Magistrate Judge Miguel A. Torres found that Mendez-Cinto understood the charge, the consequences of pleading guilty, the available trial rights, the potential penalties, and the immigration consequences of the plea. The court also found that he understood the plea agreement, including its waiver of appellate and collateral-review rights.
The magistrate judge further found that Mendez-Cinto was competent and that his plea was knowing, voluntary, and supported by a factual basis. The judge recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The magistrate judge recommended acceptance of Mendez-Cinto’s guilty plea to illegal reentry under 8 U.S.C. § 1326(a).
- The recommendation followed a Rule 11 colloquy and findings that the plea was competent, knowing, voluntary, and factually supported.
- Final acceptance of the plea and sentencing remained with the presiding district judge.
Why It Matters
The ruling is a plea-stage recommendation, not a sentencing decision or final adjudication by the district judge. It documents that the defendant received the required advisements and validly waived trial rights before pleading guilty.