Reported / Citable
Background
Franklin Rodolfo Lemus Lopez appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for the taking of a felony guilty plea. The matter had been referred under a general order, and Lopez consented to have the magistrate judge take his plea while sentencing remained with the presiding district judge.
Lopez pleaded guilty, under a plea agreement, to Count One of the indictment: making a false statement or representation to a federal agency or department, in violation of 18 U.S.C. § 1001(a)(2).
The Court’s Holding
After personally addressing Lopez and providing the required Federal Rule of Criminal Procedure 11 admonishments, the magistrate judge found that Lopez understood the charge, possible penalties, and his constitutional and statutory rights. The court found that he knowingly, freely, and voluntarily waived those rights and entered his plea.
The magistrate judge also found Lopez competent and concluded that a sufficient factual basis supported the plea. The judge found him guilty of the charged offense and recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation leaves sentencing to U.S. District Judge Ernest Gonzalez.
Key Takeaways
- Lopez pleaded guilty to making a false statement to a federal agency or department under 18 U.S.C. § 1001(a)(2).
- The magistrate judge found the plea knowing, voluntary, and supported by an adequate factual basis.
- The filing is a recommendation; parties have 14 days to object before the district judge acts on it.
Why It Matters
The recommendation advances the case to the district judge for acceptance of the plea and sentencing. Absent timely objections, the district court may review the recommendation without de novo consideration, and unobjected-to findings generally may be challenged on appeal only for plain error.