Reported / Citable
Background
Isaias Morales-Costilla was charged in Count One of an indictment with reentry after deportation, in violation of 8 U.S.C. § 1326(a) and (b).
The case was referred to U.S. Magistrate Judge Don D. Bush to administer Morales-Costilla’s guilty plea under Federal Rule of Criminal Procedure 11. Following the plea hearing, Judge Bush recommended that the district court accept the plea, conditionally approve the plea agreement, and adjudge Morales-Costilla guilty of 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 Morales-Costilla’s guilty plea.
The court also approved the plea agreement subject to review of the presentence report. Pursuant to the plea agreement, it found Morales-Costilla guilty of Count One and entered a judgment of guilty on the illegal-reentry charge.
Key Takeaways
- The court adopted the Rule 11 plea recommendation issued by Magistrate Judge Bush.
- Morales-Costilla’s guilty plea to illegal reentry under 8 U.S.C. § 1326(a) and (b) was accepted.
- Approval of the plea agreement remains conditioned on review of the presentence report.
Why It Matters
The order resolves guilt on the charged illegal-reentry count while leaving sentencing-related review, including review of the presentence report, to proceed. It is a plea-acceptance and adjudication order, not a sentencing decision.