Reported / Citable
Background
Esther Madai Moreno-Diaz appeared with counsel and pleaded guilty to Count One of the indictment, charging illegal reentry under 8 U.S.C. § 1326(a). She entered the plea pursuant to a plea agreement.
Moreno-Diaz consented to plead before a magistrate judge, with final approval and sentencing reserved for the presiding district judge. The magistrate judge conducted the required Federal Rule of Criminal Procedure 11 admonishments.
The Court’s Holding
Magistrate Judge Miguel A. Torres found that Moreno-Diaz was competent and that her plea was knowing, voluntary, and supported by a factual basis. The court also found that she understood the charge, potential penalties, immigration consequences, sentencing process, plea-agreement terms, and appellate and collateral-review waiver.
The magistrate judge recommended that the district judge accept Moreno-Diaz’s guilty plea and enter a judgment of guilt. The report did not itself finally accept the plea or impose sentence.
Key Takeaways
- The recommendation concerns a guilty plea to illegal reentry under 8 U.S.C. § 1326(a).
- The magistrate judge found Rule 11’s requirements satisfied and the plea voluntary.
- Final plea acceptance and sentencing remain for the district judge.
Why It Matters
The decision illustrates the magistrate-judge plea process in a federal criminal case: after a defendant consents and Rule 11 findings are made, the magistrate judge may recommend acceptance, while the district judge retains final authority over the plea and sentence.