Reported / Citable
Background
Angelito Gomez-Martin was charged in Count One of an indictment with illegal reentry, in violation of 8 U.S.C. § 1326(a). He appeared with counsel before a magistrate judge and pleaded guilty.
Gomez-Martin consented to entering his plea before the magistrate judge, subject to final approval and sentencing by the presiding district judge. The magistrate judge conducted the plea proceeding under Federal Rule of Criminal Procedure 11.
The Court’s Holding
Magistrate Judge Robert F. Castaneda found that Gomez-Martin was competent and that his guilty plea was knowing, voluntary, and supported by a factual basis. The court found that he understood the charge, his trial rights, the possible penalties, immigration consequences, and the advisory role of the Sentencing Guidelines.
The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The report was a recommendation, not a final acceptance of the plea or sentencing decision by the district judge.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326(a).
- The magistrate judge found the Rule 11 requirements satisfied.
- The plea remains subject to the district judge’s final approval and sentencing.
Why It Matters
The report preserves the Rule 11 record supporting acceptance of Gomez-Martin’s plea while leaving the ultimate plea acceptance and sentence to the district judge. It also warns that failing to object before sentencing may bar de novo review and appellate review of factual findings later adopted by the district court.