Reported / Citable
Background
Ramon Ixchoy-Vicente pleaded guilty, pursuant to a plea agreement, to Count One of the indictment charging illegal reentry under 8 U.S.C. § 1326(a) and (b)(1).
With Ixchoy-Vicente’s consent, a magistrate judge conducted the Rule 11 plea proceeding. Final approval of the plea and sentencing remain with the presiding district judge.
The Court’s Holding
Magistrate Judge Miguel A. Torres found that Ixchoy-Vicente was competent and that his plea was knowing, voluntary, and supported by a factual basis. The judge found that he understood the charge, the possible penalties, immigration consequences, sentencing process, plea-agreement terms, and the rights he was giving up.
The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The report did not itself finally accept the plea or impose sentence.
Key Takeaways
- The magistrate judge recommended acceptance of a guilty plea to illegal reentry under 8 U.S.C. § 1326(a) and (b)(1).
- The findings included that the defendant’s plea was free, knowing, voluntary, and factually supported.
- Final plea approval and sentencing are reserved for the district judge, and written objections before sentencing may preserve review.
Why It Matters
The decision is a Rule 11 plea-stage recommendation, not a final merits ruling or sentence. It illustrates the magistrate-judge process for taking a felony guilty plea with the defendant’s consent while leaving final acceptance to the district court.