Reported / Citable
Background
The district court referred Primitivo Oliveros Segura’s guilty plea proceeding to U.S. Magistrate Judge Christine A. Nowak for administration under Federal Rule of Criminal Procedure 11. After conducting the plea hearing, the magistrate judge issued findings of fact and recommended that the court accept Segura’s plea and adjudge him guilty on Count One of the indictment.
Neither party objected to the magistrate judge’s findings or recommendation. Count One charged Segura under 21 U.S.C. § 963 with conspiracy to manufacture and distribute cocaine while intending, knowing, or having reasonable cause to believe that the cocaine would be unlawfully imported into the United States.
The Court’s Holding
District Judge Amos L. Mazzant adopted the magistrate judge’s findings of fact and recommendation. The court accepted Segura’s guilty plea and adjudged him guilty on Count One.
The court did not yet accept the plea agreement. It deferred that decision until after reviewing the presentence report.
Key Takeaways
- The district court adopted the unopposed findings and recommendation entered after the Rule 11 plea hearing.
- Segura was adjudged guilty of the cocaine-importation conspiracy charged in Count One under 21 U.S.C. § 963.
- Acceptance of the guilty plea did not resolve acceptance of the plea agreement, which remained deferred pending review of the presentence report.
Why It Matters
The order illustrates the distinct steps involved when a magistrate judge conducts a federal plea proceeding: the district judge may adopt the magistrate judge’s recommendation and accept the guilty plea while separately reserving a decision on the plea agreement until reviewing the presentence report.