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USA v. Lopez-Giron — Magistrate Judge recommends acceptance of guilty plea to illegal re-entry

Reported / Citable

Case
United States v. Tomas Jonas Lopez-Giron
Court
U.S. District Court for the Western District of Texas (Del Rio Division)
Judge
Alia Moses (George W. Bush, 2002)
Date Decided
June 11, 2026
Docket No.
2:26-cr-01545
Topics
Criminal Procedure, Immigration, Guilty Plea
Source
Read the full opinion

Background

Tomas Jonas Lopez-Giron was charged with illegal re-entry into the United States in violation of federal law. The case was referred to a United States Magistrate Judge for the taking of his felony guilty plea pursuant to 28 U.S.C. § 636(b)(3). On June 11, 2026, Lopez-Giron appeared before the Magistrate Judge with his counsel.

Lopez-Giron was advised of his right to have his plea taken by the United States District Judge and was admonished regarding the guilty plea process under Federal Rule of Criminal Procedure 11. The defendant consented to having the magistrate accept his plea, with sentencing to be conducted by the presiding district judge.

The Court’s Holding

The Magistrate Judge found that Lopez-Giron understood the nature of the charges and penalties, understood his constitutional and statutory rights, and freely and voluntarily waived those rights. The defendant pled guilty to Count One—illegal re-entry into the United States—without a plea agreement. The magistrate determined the plea was made freely and voluntarily, that the defendant was competent to enter the plea, and that there was sufficient factual basis for the plea.

Based on these findings, the Magistrate Judge recommended that the guilty plea be accepted and that a judgment of guilt be entered against the defendant. The defendant was advised that he may be subject to restitution. The case has been referred to the presiding United States District Judge for the sentencing phase.

Key Takeaways

  • Guilty plea to illegal re-entry accepted following magistrate’s finding of knowing and voluntary waiver of rights
  • No plea agreement was involved; defendant pled guilty unconditionally
  • Magistrate verified defendant’s competency and understanding of charges and penalties
  • Sentencing phase remains pending before the district judge; defendant potentially subject to restitution

Why It Matters

This proceeding illustrates the federal magistrate judge’s role in accepting felony guilty pleas under delegated authority. The opinion demonstrates the procedural safeguards required under Rule 11 to ensure that guilty pleas are knowing, voluntary, and competent. Immigration-related criminal matters, particularly charges of illegal re-entry under 8 U.S.C. § 1326, remain frequently litigated in federal courts along the southern border.

The magistrate’s detailed findings regarding the defendant’s understanding and waiver of rights provide a record suitable for appellate review and protect the integrity of the guilty plea process. The case proceeds to the sentencing phase, where the district judge will determine the appropriate penalty within statutory guidelines.

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