Reported / Citable
Background
Sindy Surama Lopez-Castanon appeared with counsel before a magistrate judge and pleaded guilty under a plea agreement to Count One of the indictment. That count charged making a false statement, in violation of 18 U.S.C. § 1001(a)(2).
Lopez-Castanon consented to enter her plea before the magistrate judge, subject to final approval and sentencing by the presiding district judge. The magistrate judge conducted the plea colloquy required by Federal Rule of Criminal Procedure 11.
The Court’s Holding
Magistrate Judge Robert F. Castaneda found that Lopez-Castanon understood her trial rights, the charge, the potential penalties, the advisory nature of the Sentencing Guidelines, and the terms of her plea agreement, including its appeal and collateral-attack waiver.
The magistrate judge further found that Lopez-Castanon was competent and that her plea was knowing, voluntary, and supported by a factual basis. The report recommended that the district judge accept the plea and enter a judgment of guilt.
Key Takeaways
- The magistrate judge recommended acceptance of the guilty plea; final approval remains with the district judge.
- The plea concerned a false-statement charge under 18 U.S.C. § 1001(a)(2).
- The report warned that failing to object before sentencing may bar de novo review and appellate review of adopted factual findings.
Why It Matters
The ruling records the Rule 11 findings necessary to support acceptance of Lopez-Castanon’s guilty plea. It also preserves the parties’ opportunity to object to the magistrate judge’s findings before the district judge acts on the recommendation.