Reported / Citable
Background
Javier Fierro-Gomez was charged with one count of illegal reentry into the United States in violation of 8 U.S.C. § 1326. The case was referred to a magistrate judge for the taking of the felony guilty plea under 28 U.S.C. § 636(b)(3). On June 18, 2026, the defendant appeared before Magistrate Judge Joseph A. Cordova with counsel present.
The magistrate judge addressed the defendant personally in open court and provided all admonitions required by Federal Rule of Criminal Procedure 11, including notification of his right to have the plea taken by a district judge and his constitutional and statutory rights.
The Court’s Holding
The magistrate judge found that Fierro-Gomez entered his guilty plea freely and voluntarily with full understanding of the nature of the charges, penalties, and constitutional rights, which he knowingly waived. The defendant pled guilty to Count One without a plea agreement.
The magistrate judge determined that the defendant is competent to enter the plea and that there is a sufficient factual basis for the guilty plea. Based on these findings, the magistrate judge recommended that the district court accept the guilty plea and enter judgment of guilt against the defendant. Sentencing will be conducted by Chief Judge Alia Moses. The defendant was advised that he may be subject to restitution.
Key Takeaways
- Guilty plea to illegal reentry was entered without a plea agreement.
- Magistrate judge’s findings satisfied all Rule 11 procedural safeguards for knowing and voluntary pleas.
- Parties have 14 days to file objections; failure to object bars de novo review on appeal.
- Sentencing is pending before the district judge.
Why It Matters
This case reflects the standard federal guilty plea procedure in immigration-related prosecutions, particularly common in border districts. The magistrate judge’s detailed compliance with Rule 11 ensures procedural integrity and protects the plea’s validity on appeal. The defendant’s acknowledgment of potential restitution liability is a material aspect of the guilty plea colloquy.
Notably, objections to the magistrate judge’s recommendations must be filed within 14 days of receipt; failure to do so bars de novo review by the district court and limits appellate review to plain error, significantly constraining post-conviction remedies.