Reported / Citable
Background
Jorge Xol-Quinich was charged in Count One of an indictment with illegal reentry, in violation of 8 U.S.C. § 1326(a). He appeared with counsel before a magistrate judge and pleaded guilty under a plea agreement.
Xol-Quinich consented to entering the plea before the 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 conviction or sentence.
The Court’s Holding
After conducting the required Federal Rule of Criminal Procedure 11 admonishments, Magistrate Judge Laura Enriquez found that Xol-Quinich understood his trial rights, the charge, the potential penalties, the immigration consequences, the advisory nature of the Sentencing Guidelines, and the terms of his plea agreement.
The magistrate judge further found that the plea was competent, free, knowing, and voluntary, was not induced by improper promises or threats, and had a factual basis. The judge recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- This was a report and recommendation, not a final acceptance of the plea or sentencing decision by the district judge.
- The recommended plea acceptance concerns illegal reentry under 8 U.S.C. § 1326(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 documents Rule 11 findings supporting acceptance of Xol-Quinich’s guilty plea while reserving final approval and sentencing for the district judge. It also underscores the procedural consequence of failing to timely object to the magistrate judge’s findings.