Reported / Citable
Background
Alberto Chilel-Chavez appeared with counsel and pleaded guilty to Count One of the indictment under a plea agreement. The count charged illegal reentry under 8 U.S.C. § 1326(a) and (b)(1).
Chilel-Chavez consented to enter his plea before a magistrate judge, subject to final approval and sentencing by the presiding district judge. The magistrate judge conducted the Rule 11 plea colloquy.
The Court’s Holding
Magistrate Judge Robert F. Castaneda found that Chilel-Chavez understood the charge, his trial rights, the possible penalties, the immigration consequences of the plea, and the advisory nature of the Sentencing Guidelines. The court also found that he understood the plea agreement, including its waiver of appellate and collateral-review rights concerning the sentence.
The magistrate judge found Chilel-Chavez competent and his plea free, knowing, voluntary, and supported by a factual basis. The judge therefore recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- This is a report and recommendation, not the district judge’s final acceptance of the plea or sentencing decision.
- The recommended plea concerns illegal reentry under 8 U.S.C. § 1326(a) and (b)(1).
- Written objections before sentencing may be necessary to preserve review of factual findings adopted by the district judge.
Why It Matters
The recommendation documents a completed Rule 11 colloquy and clears the case for the district judge to decide whether to accept the plea and proceed to sentencing. It also underscores that the defendant’s plea agreement includes a sentence-related appeal and collateral-attack waiver.