Reported / Citable
Background
Alejandro Escandon-Portillo appeared with counsel before U.S. Magistrate Judge Laura Enriquez and pleaded guilty to the indictment. The indictment charged false personation in immigration matters, in violation of 18 U.S.C. § 1546(a).
Escandon-Portillo 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
The magistrate judge found that Escandon-Portillo understood the charge, the rights he was waiving, the possible penalties, the immigration consequences of his plea, and the advisory role of the Sentencing Guidelines. The court also found him competent to plead guilty.
The court further found that the plea was free, knowing, voluntary, uncoerced, and supported by a factual basis. It recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The document is a report and recommendation, not a final acceptance of the plea by the district judge.
- The magistrate judge found the Rule 11 requirements satisfied.
- Written objections must be filed within 14 days; failure to do so may bar de novo review and appellate review of accepted factual findings.
Why It Matters
The recommendation advances the case to final consideration of the plea by the district judge and, if adopted, to sentencing. It also underscores the importance of timely objections to a magistrate judge’s plea recommendation.