Reported / Citable
Background
Fernando Martinez Gamez was charged in Count One of an indictment with illegal reentry after removal, in violation of 8 U.S.C. § 1326(a) and (b).
The district court referred the administration of Martinez Gamez’s guilty plea to U.S. Magistrate Judge J. Boone Baxter under Federal Rule of Criminal Procedure 11. After conducting the Rule 11 hearing, Judge Baxter recommended accepting the plea, conditionally approving the plea agreement, and adjudging Martinez Gamez guilty on Count One.
The Court’s Holding
District Judge Robert W. Schroeder III adopted the magistrate judge’s report and recommendation. The court accepted and approved Martinez Gamez’s guilty plea and approved the plea agreement subject to review of the presentence report.
Pursuant to the plea agreement, the court found Martinez Gamez guilty of Count One and entered a judgment of guilty for illegal reentry after removal.
Key Takeaways
- The court adopted the magistrate judge’s Rule 11 recommendation.
- Martinez Gamez’s guilty plea to illegal reentry after removal was accepted.
- The plea agreement remains conditioned on review of the presentence report.
Why It Matters
The order formally resolves Martinez Gamez’s guilt on the illegal-reentry count following his guilty plea. Sentencing-related review remains to follow through the presentence-report process.