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U.S. v. BOLIVAR-MUNOZ

Nos. 01-40967, 01-41466.

313 F.3d 253 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Alberto BOLIVAR-MUNOZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jesus Mendoza-Carbajal, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 20, 2002.

Attorney(s) appearing for the Case

Mark Michael Dowd (argued), Brownsville, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Def., Timothy William Crooks, Asst. Fed. Pub. Def., Houston, TX, for Defendants-Appellants.

Jeffrey L. Wilde, Asst. Fed. Pub. Def., Houston, TX, for Bolivar-Munoz.

Before SMITH and BENAVIDES, Circuit Judges, and FITZWATER, District Judge.

BENAVIDES, Circuit Judge:

The appellants challenge for the first time on appeal the authority of the magistrate judges who conducted their respective guilty plea hearings. Although the appellants had consented to allocute before the magistrate judge, the district judge did not formally refer the case until after the guilty plea hearing and the issuance of the reports and recommendations. This precise issue apparently is one of first impression for this Court...

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