Reported / Citable
Background
Marco Antonio Solis-Vilchis was charged with illegal re-entry of a deported alien in violation of 8 U.S.C. § 1326(a). On June 25, 2026, the defendant appeared before the United States Magistrate Judge with his attorney. The proceeding was conducted to take the defendant’s felony guilty plea and allocution pursuant to Federal Rule of Criminal Procedure 11.
The Magistrate Judge personally addressed the defendant in open court, informed him of the Rule 11 admonishments regarding guilty pleas, and determined that he understood the nature and consequences of those admonishments. There was no plea agreement in the case.
The Court’s Holding
The defendant pled guilty to the charge of illegal re-entry of a deported alien. The Magistrate Judge found that the defendant, with the advice of counsel, freely and voluntarily entered the plea, consenting to be tried before the Magistrate Judge subject to final approval and sentencing by the District Judge.
The Magistrate Judge made the following determinations: (1) the defendant fully understands the nature of the charges and possible penalties; (2) the defendant understands his constitutional and statutory rights and the meaning of waiving them; (3) the defendant’s plea was made freely and voluntarily; (4) the defendant is competent to enter the guilty plea; and (5) there is a factual basis for the plea. The defendant did not waive his right to appeal.
The Magistrate Judge recommended that the District Court accept the guilty plea and, after reviewing the presentence investigation report, enter a Final Judgment of guilt against the defendant.
Key Takeaways
- Defendant pled guilty to violating 8 U.S.C. § 1326(a), the federal statute prohibiting illegal re-entry of deported aliens.
- The Magistrate Judge found full Rule 11 compliance: the plea was voluntary, knowing, and intelligent, with a proper factual basis.
- Parties have fourteen days from service of this Report and Recommendation to file objections; failure to do so bars de novo review by the District Court.
Why It Matters
This case reflects federal enforcement of immigration statutes governing the re-entry of previously deported aliens. The proceeding demonstrates the procedural safeguards built into Rule 11 guilty pleas in federal criminal court, ensuring that defendants understand the consequences of their pleas and that the government establishes a factual basis for conviction.
As a Report and Recommendation, the case now proceeds to the District Court for final decision on sentencing. The outcome underscores the magistrate court’s critical role in handling the initial phases of federal criminal prosecutions, including taking guilty pleas that may carry significant sentences depending on the defendant’s criminal history.