Reported / Citable
Background
Lubia Lopez-Herrera appeared with counsel and pleaded guilty to Count One of an indictment charging illegal reentry under 8 U.S.C. § 1326(a). She consented to enter her plea before a magistrate judge, subject to the district judge’s final approval and sentencing.
At the Rule 11 plea hearing, the magistrate judge advised Lopez-Herrera of her trial rights, the consequences of a guilty plea, the potential penalties, immigration consequences, and the sentencing court’s consideration of the advisory Guidelines and 18 U.S.C. § 3553(a).
The Court’s Holding
Magistrate Judge Robert F. Castaneda found that Lopez-Herrera was competent and that her plea was knowing, voluntary, and supported by an adequate factual basis. The court also found that the plea was not induced by promises, threats, force, or threats of force.
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 Lopez-Herrera’s guilty plea to illegal reentry under 8 U.S.C. § 1326(a).
- The recommendation rests on Rule 11 findings that the plea was competent, knowing, voluntary, and factually supported.
- Final plea approval and sentencing remain with the presiding district judge.
Why It Matters
The report reflects the magistrate-judge plea procedure in a federal criminal case where the defendant consents, while preserving the district judge’s authority to make the final acceptance decision and sentence the defendant.
The notice also warns that 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.