Reported / Citable
Background
Tomas Nambo-Pedraza appeared with counsel before U.S. Magistrate Judge Miguel A. Torres after being charged in Count One of an indictment with fraud and misuse of visas, permits, and other documents, in violation of 18 U.S.C. § 1546(a).
After receiving the advisements required by Federal Rule of Criminal Procedure 11, Nambo-Pedraza pleaded guilty. He consented to enter the plea before a magistrate judge, subject to the presiding district judge’s final approval and sentencing.
The Court’s Holding
The magistrate judge found that Nambo-Pedraza was competent and understood the charge, his trial rights, the consequences of pleading guilty, the potential penalties, and the immigration consequences of his plea. The court also found that counsel had explained those immigration consequences.
The magistrate judge further found that the plea was knowing, voluntary, and free of promises, threats, or force, and that a factual basis supported it. Judge Torres recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The document is a report and recommendation, not a final acceptance of the plea or a sentencing decision.
- The recommended plea concerns one count under 18 U.S.C. § 1546(a).
- 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 way for the district judge to decide whether to accept Nambo-Pedraza’s guilty plea and then impose sentence. It also records Rule 11 findings supporting the plea’s validity, including the defendant’s understanding of immigration consequences.