Local Rule Criminal Rule 11.1: Referral of Felony Cases to Magistrate Judges for Taking of Guilty Pleas

Criminal Rule 11.1 Referral of Felony Cases to Magistrate Judges for Taking of Guilty Pleas All guilty pleas in felony cases may be referred to the assigned magistrate judge to administer the allocution pursuant to Rule 11 of the Federal Rules of Criminal Procedure. a. Consent or Report and Recommendation The magistrate judge will proceed with the taking of the guilty plea upon such referral from the district judge with the written consent of the defendant, the defendant's attorney, and the Assistant U.S. Attorney, or upon referral from the District Court for a report and recommendation. b. Findings The magistrate judge must make written findings as to each of the subjects set forth in Rule 11 of the Federal Rules of Criminal Procedure, the voluntariness of the guilty plea and the sufficiency of the factual basis establishing each of the essential elements of the offense. In a prosecution under 8 U.S.C. § 1326, the magistrate judge must also make a written finding as to whether the defendant admitted being deported and removed subsequent to the date set forth in the indictment or information. c. Recommendation The magistrate judge must make a recommendation, in writing, to the assigned district judge as to whether or not the district judge should accept the defendant's plea of guilty. d. Objections Objections to the magistrate judge's findings and recommendation must be filed within fourteen (14) days of the entry of the magistrate judge's findings and recommendation. e. Sentencing The magistrate judge must set the sentencing hearing on the calendar of the assigned district judge. f. Transcripts The Clerk may order a transcript of the Rule 11 allocation and provide the district judge with a copy of the transcript at least seven (7) days before sentencing hearing if requested by the district judge.