Reported / Citable
Background
Ines Viridiana Portillo-Perez appeared with counsel and pleaded guilty to the indictment, which charged fraud and misuse of visas, permits, and other documents under 18 U.S.C. § 1546(a).
Portillo-Perez consented to enter her plea before a magistrate judge, subject to final approval and sentencing by the presiding district judge. The magistrate judge conducted the plea colloquy required by Federal Rule of Criminal Procedure 11.
The Court’s Holding
Magistrate Judge Laura Enriquez found that Portillo-Perez was competent and understood the charge, her trial rights, the consequences of pleading guilty, potential penalties, immigration consequences, and the advisory role of the Sentencing Guidelines.
The court further found that the plea was knowing, free, and voluntary; was not induced by promises, threats, or force; and had a factual basis. The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The recommendation concerns acceptance of the plea; final approval and sentencing remain for the district judge.
- The defendant pleaded guilty to violating 18 U.S.C. § 1546(a).
- Written objections to the report and recommendation were due within 14 days of service.
Why It Matters
The report preserves the Rule 11 findings necessary for the district judge to decide whether to accept the plea. It does not impose sentence or itself constitute the final acceptance of guilt.