Reported / Citable
Background
Luis Alejandro Moreno, also known as “Bala,” appeared with counsel for a guilty-plea hearing. He pleaded guilty under a plea agreement to Count One of an information charging conspiracy to possess a controlled substance with intent to distribute, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(D).
Moreno waived prosecution by indictment and consented to enter his plea before a magistrate judge, subject to final approval and sentencing by the presiding district judge. The plea agreement included a waiver of his right to appeal or collaterally attack the sentence.
The Court’s Holding
Magistrate Judge Miguel A. Torres found that Moreno was competent and had entered his plea freely, knowingly, and voluntarily after the Rule 11 advisements. The court found that Moreno understood the charge, potential penalties, trial rights, sentencing process, and the terms of his plea agreement.
The magistrate judge also found a factual basis for the plea and that it was not induced by promises outside the plea agreement or by threats or force. The report recommended that the district judge accept Moreno’s guilty plea and enter a judgment of guilt.
Key Takeaways
- The filing is a report and recommendation, not a final acceptance of the plea by the district judge.
- Moreno pleaded guilty to a drug-distribution conspiracy charged by information.
- Written objections filed before sentencing may be necessary to preserve de novo review and appellate review of factual findings adopted by the district judge.
Why It Matters
The recommendation clears the case for the district judge’s final plea acceptance and sentencing. It also documents that Moreno’s indictment waiver, plea, and appellate-and-collateral-review waiver were made knowingly and voluntarily.