Reported / Citable
Background
Carlos Humberto Fuentes appeared with counsel before a U.S. magistrate judge to enter a felony guilty plea. The matter had been referred to the magistrate judge under a general order for the taking of the plea.
After being advised of his right to have the district judge take the plea, Fuentes consented to proceed before the magistrate judge. He pleaded guilty, without a plea agreement, to Count One of the indictment: illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
Following the Rule 11 colloquy, the magistrate judge found that Fuentes understood the charge, penalties, and rights he was waiving; was competent to plead guilty; and entered the plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea and found Fuentes guilty of the charge to which he pleaded.
The magistrate judge recommended that the district judge accept Fuentes’s guilty plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing, and the parties were advised that they had 14 days to object to the findings and recommendation.
Key Takeaways
- Fuentes pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, competent, and supported by a sufficient factual basis.
- The recommendation is subject to review by the district judge, who will conduct sentencing.
Why It Matters
The filing documents the magistrate judge’s Rule 11 findings and recommendation after taking a felony guilty plea. It does not impose a sentence; acceptance of the plea, entry of judgment, and sentencing remain before the presiding district judge.