Reported / Citable
Background
Lee Adams Perez appeared with counsel before U.S. Magistrate Judge Susan Hightower to enter a felony guilty plea under Federal Rule of Criminal Procedure 11. Perez had consented to have the magistrate judge conduct the plea proceeding, subject to the district judge’s final approval and sentencing.
Under a plea agreement, Perez pleaded guilty to Count One, which charged possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1). The magistrate judge addressed Perez personally in open court, advised him of the Rule 11 admonishments, and determined that he understood them.
The Court’s Holding
The magistrate judge found that Perez understood the charge and its possible penalties, understood his constitutional and statutory rights and the effect of waiving them, and entered his plea freely and voluntarily. She also found that Perez was competent to plead guilty and that the plea had a factual basis.
Based on those findings, the magistrate judge recommended that District Judge Robert Pitman accept Perez’s guilty plea and, after reviewing the presentence investigation report, enter a final judgment of guilt. The report and recommendation did not itself accept the plea, enter judgment, or impose sentence.
Key Takeaways
- Perez pleaded guilty under a plea agreement to possessing a firearm as a felon.
- The magistrate judge found that the plea was knowing, voluntary, competent, and supported by a factual basis.
- Final acceptance of the plea, entry of judgment, and sentencing remained with the district judge.
Why It Matters
The report documents the Rule 11 findings required before a federal court may accept a felony guilty plea. It also underscores the limited procedural role of the magistrate judge: she conducted the plea proceeding and issued a recommendation, while the district judge retained responsibility for final approval and sentencing.
The parties had fourteen days after service to file specific written objections. Failure to object could forfeit de novo district-court review and, except for plain error, appellate review of accepted findings and legal conclusions.