Reported / Citable
Background
Diego Manuel Vazquez Lizama appeared with counsel before Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. Vazquez Lizama consented to having the magistrate judge take his plea, while sentencing remained assigned to the presiding district judge.
After receiving Rule 11 admonishments, Vazquez Lizama pleaded guilty without a plea agreement to Count One of the indictment: making a false statement or representation to a federal agency or department, in violation of 18 U.S.C. § 1001(a)(2).
The Court’s Holding
The magistrate judge found that Vazquez Lizama understood the charge, potential penalties, and his constitutional and statutory rights; that he voluntarily waived those rights; and that he was competent to plead guilty. The magistrate judge also found the plea voluntary and supported by a sufficient factual basis.
Based on those findings, the magistrate judge found Vazquez Lizama guilty of the charged offense and 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 given 14 days to object to the recommendation.
Key Takeaways
- The defendant pleaded guilty without a plea agreement to a false-statement offense under 18 U.S.C. § 1001(a)(2).
- The magistrate judge concluded that the Rule 11 plea colloquy established a knowing, voluntary, and factually supported plea.
- The document is a recommendation; acceptance of the plea and sentencing remain for the district judge.
Why It Matters
The recommendation clears the case for the district judge to accept the plea formally and proceed to sentencing. It also preserves the parties’ opportunity to seek district-court review by timely objecting to the magistrate judge’s findings and recommendation.