Reported / Citable
Background
Evelyn Nayelli Guachi-Ochoa appeared with counsel before a magistrate judge and pleaded guilty under a plea agreement to Count One of the indictment. That count charged illegal reentry in violation of 8 U.S.C. § 1326(a).
Guachi-Ochoa consented to entering her plea before the magistrate judge, subject to final approval and sentencing by the presiding district judge. The plea agreement included a waiver of the right to appeal or collaterally attack the conviction or sentence.
The Court’s Holding
After conducting the required Federal Rule of Criminal Procedure 11 colloquy, Magistrate Judge Miguel A. Torres found that Guachi-Ochoa understood the charge, her trial rights, the potential penalties, the advisory nature of the Sentencing Guidelines, and the immigration consequences of her plea.
The magistrate judge further found that Guachi-Ochoa was competent and that her plea was knowing, voluntary, and supported by a factual basis. The report therefore recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The report recommends acceptance of Guachi-Ochoa’s guilty plea to illegal reentry under 8 U.S.C. § 1326(a).
- The magistrate judge found the Rule 11 requirements satisfied, including a knowing and voluntary plea supported by a factual basis.
- Final acceptance of the plea and sentencing remain for the presiding district judge.
Why It Matters
The ruling is a plea-stage recommendation, not a final sentencing decision. It documents that the magistrate judge found the plea constitutionally and procedurally valid before recommending that the district judge enter judgment.
The report also warns that failing to file written objections before sentencing may bar de novo review by the district judge and appellate review of factual findings later accepted or adopted.