Reported / Citable
Background
Jefree MENENDEZ-Zamora appeared with counsel before a United States magistrate judge to enter a felony guilty plea. The matter had been referred under a general order for the magistrate judge to take the plea pursuant to 28 U.S.C. § 636(b)(3).
After being advised that he could have the district judge take his plea, MENENDEZ-Zamora 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
The magistrate judge found that MENENDEZ-Zamora understood the charge, potential penalties, and rights he was waiving; was competent; and entered the plea freely and voluntarily. The judge also found a sufficient factual basis for the plea, found him guilty of the charge to which he pleaded, and noted his acknowledgment that he might be subject to restitution.
The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The recommendation was not the sentencing decision: the case was referred to the presiding district judge for sentencing. The parties were advised that failing to submit written objections within 14 days after receiving the recommendation would limit district-court review and generally restrict appellate challenges to plain error.
Key Takeaways
- MENENDEZ-Zamora pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, factually supported, and entered by a competent defendant.
- The filing recommends acceptance of the plea and entry of judgment; sentencing remains before the presiding district judge.
Why It Matters
The recommendation records the Rule 11 findings required before acceptance of a felony guilty plea and preserves the district judge’s role in sentencing. It also makes clear that the deadline for objections runs from receipt of the recommendation, not merely from its filing or signing date.