Reported / Citable
Background
Stephany Cuellar appeared with counsel before U.S. Magistrate Judge Laura Enriquez and pleaded guilty under a plea agreement to Count One of the indictment. 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).
Cuellar consented to entering her plea before a magistrate judge, subject to final approval and sentencing by the presiding district judge. The magistrate judge conducted the plea colloquy required by Federal Rule of Criminal Procedure 11.
The Court’s Holding
The magistrate judge found that Cuellar understood the charge, the potential penalties, the immigration consequences of her plea, and the rights she was giving up by pleading guilty. The court also found that she understood the plea agreement, including its appellate- and collateral-attack waiver.
The court further found Cuellar competent and determined that her plea was free, knowing, voluntary, and supported by a factual basis. The magistrate judge 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 magistrate judge found Rule 11’s plea requirements satisfied.
- Written objections must be filed before sentencing; failure to object may bar de novo review and appellate review of adopted factual findings.
Why It Matters
The recommendation clears the way for the district judge to accept Cuellar’s plea and proceed to sentencing. It also underscores that objections to plea-related factual findings must be raised before sentencing to preserve review.