Reported / Citable
Background
The district court referred the case to U.S. Magistrate Judge Christine L. Stetson to administer Lizbeth Liliana Francisco-Lucero’s guilty plea under Federal Rule of Criminal Procedure 11. After conducting the plea hearing, Judge Stetson issued findings of fact and recommended that the court accept the plea and adjudge Francisco-Lucero guilty on Count One of the indictment.
Neither party objected to the magistrate judge’s findings or recommendation. Count One charged Francisco-Lucero with possession of a firearm by a prohibited person in violation of 18 U.S.C. § 922(g)(5).
The Court’s Holding
District Judge Marcia A. Crone adopted the magistrate judge’s findings of fact and recommendation. The court accepted Francisco-Lucero’s guilty plea and adjudged her guilty on Count One.
The court did not yet accept the plea agreement. It deferred that decision until after reviewing the presentence report.
Key Takeaways
- The court adopted the unopposed findings and recommendation concerning Francisco-Lucero’s Rule 11 guilty plea.
- Francisco-Lucero was adjudged guilty of violating 18 U.S.C. § 922(g)(5) by possessing a firearm as a prohibited person.
- Acceptance of the guilty plea did not resolve the plea agreement, which remained subject to review after preparation of the presentence report.
Why It Matters
The order distinguishes between acceptance of a defendant’s guilty plea and acceptance of the associated plea agreement. Although the guilty adjudication was entered, the court preserved its ability to evaluate the agreement after reviewing sentencing information in the presentence report.