Reported / Citable
Background
Ramiro Hinostrosa-Fuentes appeared before a magistrate judge by consent for a Federal Rule of Criminal Procedure 11 plea proceeding. He pleaded guilty to Count 1 of the indictment.
The report identifies the offense as illegal reentry after deportation under 8 U.S.C. §§ 1326(a) and 1326(b)(1), along with cited provisions of Title 6. The defendant was in custody at the time of the report.
The Court’s Holding
After advising and examining Hinostrosa-Fuentes under oath on the Rule 11 subjects, the magistrate judge found that his guilty plea was knowing and voluntary. The judge also found an independent factual basis supporting each essential element of the charged offense.
The magistrate judge recommended that the district judge accept the plea, adjudge Hinostrosa-Fuentes guilty, and impose sentence accordingly. The report further recommended that he remain in custody after the district judge finds him guilty.
Key Takeaways
- The magistrate judge recommended acceptance of the defendant’s guilty plea to illegal reentry after deportation.
- The recommendation rested on findings that the plea was knowing, voluntary, and supported by an independent factual basis.
- Any written objections to the report and recommendation were due within 14 days of service.
Why It Matters
This is a Rule 11 recommendation, not a final acceptance of the plea or sentencing decision. The assigned district judge retains authority to act on the recommendation after any timely objections.