Reported / Citable
Background
Anibal Jimon-Alvarado was charged in Count One of the indictment with illegal reentry under 8 U.S.C. § 1326(a). He appeared with counsel before a magistrate judge and pleaded guilty pursuant to a plea agreement.
Jimon-Alvarado consented to entering his plea before the magistrate judge, subject to final approval and sentencing by the presiding district judge. The plea agreement included waivers of his rights to appeal or collaterally attack the resulting conviction or sentence.
The Court’s Holding
Magistrate Judge Miguel A. Torres found that the Rule 11 plea colloquy established that Jimon-Alvarado understood the charge, trial rights, potential penalties, immigration consequences, sentencing framework, and plea-agreement terms.
The magistrate judge further found that Jimon-Alvarado was competent and that his plea was free, knowing, voluntary, and supported by a factual basis. The court therefore recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The report recommends acceptance of a guilty plea; it does not itself impose sentence.
- The defendant pleaded guilty to illegal reentry in violation of 8 U.S.C. § 1326(a).
- Objections to the report must be filed before sentencing or may forfeit de novo and appellate review of accepted factual findings.
Why It Matters
The recommendation clears the case for district-court acceptance of the plea and sentencing. It also documents compliance with Rule 11, including the defendant’s understanding of the plea agreement and appellate and collateral-review waivers.