Reported / Citable
Background
Luis Raul Trinidad Cabral Jr. appeared with counsel before a magistrate judge and pleaded guilty to the indictment’s Count One.
The count charged bringing aliens into the United States without authorization for financial gain, in violation of 8 U.S.C. § 1324(a)(2)(B)(ii).
The Court’s Holding
Magistrate Judge Laura Enriquez found that Cabral consented to enter his plea before a magistrate judge, subject to final approval and sentencing by the district judge.
After the Rule 11 colloquy, the magistrate judge found Cabral competent and his plea free, knowing, voluntary, and supported by a factual basis. The judge recommended that the district judge accept the plea and enter a judgment of guilt.
Key Takeaways
- This was a report and recommendation, not the district judge’s final acceptance of the plea or sentence.
- The magistrate judge found the Rule 11 advisements adequate and the guilty plea voluntary.
- Written objections filed before sentencing may preserve district-court and appellate review.
Why It Matters
The recommendation clears the way for the district judge to accept Cabral’s guilty plea and proceed to sentencing. The order also underscores that objections to the magistrate judge’s findings must be filed before sentencing to avoid potential waiver of review.