Reported / Citable
Background
Luis Alberto Jimenez-Pastrana appeared with counsel before U.S. Magistrate Judge Robert F. Castaneda and pleaded guilty to Count One of the indictment. The count charges illegal reentry under 8 U.S.C. § 1326(a).
Jimenez-Pastrana consented to enter 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
The magistrate judge found that Jimenez-Pastrana understood the charge, the rights he was waiving, the possible penalties, the advisory nature of the Sentencing Guidelines, and the immigration consequences of his plea. The court also found that he was competent and that his plea was knowing, voluntary, and not induced by promises, threats, or force.
The magistrate judge further found a factual basis for the guilty plea. The report therefore recommends that the district judge accept the plea and enter a judgment of guilt.
Key Takeaways
- This is a report and recommendation, not a final acceptance of the guilty plea by the district judge.
- The recommended plea concerns illegal reentry under 8 U.S.C. § 1326(a).
- Objections to the report before sentencing may be necessary to preserve de novo review and appellate review of factual findings later adopted by the district judge.
Why It Matters
The ruling documents a completed Rule 11 plea colloquy and clears the case for the district judge’s consideration of the recommended guilty plea and, if accepted, sentencing. It also underscores the preservation consequences of failing to object to the magistrate judge’s findings before sentencing.