Reported / Citable
Background
The district court referred Omar Nieto’s guilty-plea proceeding to U.S. Magistrate Judge Christine L. Stetson for administration under Federal Rule of Criminal Procedure 11. After conducting the plea hearing, Judge Stetson issued findings of fact and recommended that the court accept Nieto’s plea and adjudge him guilty on Count One of the indictment.
Neither party objected to the magistrate judge’s findings and recommendation. Count One charged Nieto with conspiracy to traffic in firearms in violation of 18 U.S.C. §§ 933(a)(1) and (a)(3).
The Court’s Holding
U.S. District Judge Marcia A. Crone adopted the magistrate judge’s findings of fact and recommendation. The court accepted Nieto’s guilty plea and adjudged him guilty on Count One.
The court did not yet accept the plea agreement. It deferred that determination until after reviewing the presentence report.
Key Takeaways
- The court adopted the unopposed findings and recommendation concerning Nieto’s Rule 11 guilty-plea proceeding.
- Nieto was adjudged guilty of conspiracy to traffic in firearms under 18 U.S.C. §§ 933(a)(1) and (a)(3).
- Acceptance of the guilty plea did not resolve whether the court would accept the plea agreement, which remained pending review of the presentence report.
Why It Matters
The order distinguishes between accepting a defendant’s guilty plea and accepting the associated plea agreement. Although Nieto was adjudged guilty, the court retained authority to evaluate the agreement after considering the presentence report.