United States v. Jose Francisco Reyna-Tapia, AKA Jose Reyna

“Congress intended magistrates to play an integral and important role in the federal judicial system.” Peretz v. United States, 501 U.S. 923, 928 , 111 S.Ct. 2661 , 115 L.Ed.2d 808 (1991). We write to clarify the important role that magistrate judges play in conducting plea colloquies pursuant to Federal Rule of Criminal Procedure 11. We hold that Rule 11 plea colloquies involving felonies are additional duties that may be delegated to magistrate judges for findings and recommendation with defendants’ consent, and that de novo review of the magistrate judges’ findings and recommendations is required if, but only if, one or both parties file objections to the findings and recommendations.

I. Facts and Procedural History

Reyna-Tapia unlawfully entered the United States in the mid-1980s. However, he became a lawful permanent resident (“LPR”) in 1990. In 1998, Reyna-Tapia was convicted of sexual abuse of a minor, an aggravated felony. The Immigration and Naturalization Service initiated deportation proceedings against him. He was ordered removed from the United States on October 19,1999.

On October 1, 2000, Reyna-Tapia was discovered in Arizona and charged with unlawful…