Reported / Citable
Background
Marvin Yovani Mendez-De La Cruz appeared with counsel and pleaded guilty to Count One of the indictment under a plea agreement. Count One charged illegal reentry in violation of 8 U.S.C. § 1326(a).
Mendez-De La Cruz consented to enter the plea before a magistrate judge, subject to final approval and sentencing by the presiding district judge. The magistrate judge conducted the plea proceeding under Federal Rule of Criminal Procedure 11.
The Court’s Holding
Magistrate Judge Laura Enriquez found that Mendez-De La Cruz understood the charge, the rights he was giving up, the possible penalties, the immigration consequences, the advisory nature of the Sentencing Guidelines, and the plea agreement’s appellate and collateral-review waiver.
The magistrate judge further found that the defendant was competent and that his plea was knowing, voluntary, and supported by a factual basis. The report therefore recommended that the district judge accept the guilty plea and enter a judgment of guilt; it did not itself finally accept the plea or impose sentence.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326(a).
- The magistrate judge found Rule 11’s requirements satisfied, including competence, voluntariness, and a factual basis.
- The recommendation remained subject to the district judge’s final approval and sentencing.
Why It Matters
The report preserves the distinction between a magistrate judge’s plea recommendation and the district judge’s final action. It also warns that failing to object in writing before sentencing may bar de novo review and appellate review of factual findings later accepted or adopted by the district judge.