Reported / Citable
Background
Trinidad Reyes-Millan appeared with counsel before a U.S. magistrate judge to enter a felony guilty plea. The matter had been referred under a general order for the magistrate judge to take the plea pursuant to 28 U.S.C. § 636(b)(3).
After being advised that he could have the district judge take his plea, Reyes-Millan consented to proceeding before the magistrate judge. He pleaded guilty, without a plea agreement, to Count One of the indictment: illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
Following the Rule 11 colloquy, the magistrate judge found that Reyes-Millan understood the charge, possible penalties, and the rights he was waiving. The judge also found that Reyes-Millan was competent, that his plea was knowing and voluntary, and that a sufficient factual basis supported it.
The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing, and the parties were advised that objections to the findings and recommendation were due within 14 days after receipt.
Key Takeaways
- Reyes-Millan pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found that the plea satisfied Rule 11 and was supported by a sufficient factual basis.
- The recommendation left acceptance of the plea, entry of judgment, and sentencing to the presiding district judge.
Why It Matters
The findings document the procedural safeguards required before a federal felony guilty plea may be accepted, including confirmation of competence, voluntariness, understanding of the charge and penalties, waiver of rights, and a factual basis.
The recommendation also illustrates the magistrate judge’s role in taking a felony plea with the defendant’s consent while reserving final acceptance and sentencing for the district judge.