Reported / Citable
Background
Jose Manuel Ramirez-Leon appeared with counsel and pleaded guilty to Count One of the indictment, which charged illegal reentry under 8 U.S.C. § 1326(a). He entered the plea under a plea agreement.
Ramirez-Leon consented to pleading before a magistrate judge, with final approval and sentencing reserved for the presiding district judge. The magistrate judge conducted the Rule 11 plea colloquy and advised him of his trial rights, the charge, potential penalties, immigration consequences, sentencing considerations, and the plea agreement’s appellate and collateral-review waiver.
The Court’s Holding
Magistrate Judge Miguel A. Torres found that Ramirez-Leon was competent and that his guilty plea was knowing, voluntary, and supported by a factual basis. The court also found that the plea was not induced by threats, force, or promises outside the plea agreement.
The magistrate judge recommended that the district judge accept Ramirez-Leon’s guilty plea and enter a judgment of guilt. The report did not itself finally accept the plea or impose sentence.
Key Takeaways
- The magistrate judge found the Rule 11 requirements satisfied.
- Ramirez-Leon pleaded guilty to illegal reentry under 8 U.S.C. § 1326(a).
- Final acceptance of the plea and sentencing remained with the district judge.
Why It Matters
The report preserves the district judge’s final role while documenting that the defendant knowingly and voluntarily waived trial rights and entered a guilty plea. It also warns that failing to object in writing before sentencing may bar de novo review and appellate review of factual findings adopted by the district judge.