Reported / Citable
Background
Luis Enrique Bocardo-Pina appeared with counsel and pleaded guilty to Count One of the indictment, which charged illegal reentry under 8 U.S.C. § 1326(a).
With Bocardo-Pina’s consent, a magistrate judge conducted the plea proceeding under Federal Rule of Criminal Procedure 11. Final approval of the plea and sentencing remain with the presiding district judge.
The Court’s Holding
Magistrate Judge Robert F. Castaneda found that Bocardo-Pina understood his trial rights, the charge, the immigration consequences of his plea, and the possible penalties. The court also found that he understood the advisory role of the Sentencing Guidelines and the court’s obligations under 18 U.S.C. § 3553(a).
The magistrate judge further found that Bocardo-Pina was competent and that his plea was knowing, voluntary, and supported by a factual basis. The report recommends that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326(a).
- The magistrate judge recommended acceptance of the plea after a Rule 11 colloquy.
- The recommendation is subject to final action by the district judge, and objections must be filed before sentencing.
Why It Matters
The report records the Rule 11 findings supporting the plea and advances the case to the district judge for final acceptance and sentencing. It does not itself impose sentence.