Reported / Citable
Background
Jose Ermenegildo Ramirez-Lopez was charged with illegal reentry into the United States in violation of 8 U.S.C. § 1326. The case proceeded to a guilty plea hearing before U.S. Magistrate Judge Joseph A. Cordova on June 30, 2026, with sentencing to be conducted by the presiding U.S. District Judge Ernest Gonzalez.
Ramirez-Lopez appeared in open court with counsel. The magistrate judge personally addressed the defendant and advised him of his rights under Federal Rule of Criminal Procedure 11, including his right to have his plea taken by the district judge rather than the magistrate.
The Court’s Holding
The magistrate judge entered findings that Ramirez-Lopez: (1) understood the nature of the charges and penalties; (2) understood and freely waived his constitutional and statutory rights; (3) competently and voluntarily entered a guilty plea to Count One without a plea agreement; and (4) provided a sufficient factual basis for the guilty plea.
Based on these findings, the magistrate judge recommended acceptance of the guilty plea and entry of a judgment of guilt. The magistrate further noted that the defendant may be subject to restitution. Sentencing remains pending before the district court.
Key Takeaways
- Defendant pleaded guilty to illegal reentry (8 U.S.C. § 1326) without a plea agreement.
- The magistrate judge found the plea was knowing, voluntary, and competent, with adequate factual basis.
- Sentencing has been referred to the presiding district judge and is not yet determined.
- Defendant may face restitution obligations in addition to sentencing.
Why It Matters
Illegal reentry prosecutions under 8 U.S.C. § 1326 are a significant category of federal criminal enforcement. These cases proceed through the magistrate judge plea process, which requires careful Rule 11 compliance to ensure knowing and voluntary guilty pleas. The Western District of Texas, which covers the Del Rio division along the southern border, regularly handles such cases.
This document reflects the procedural safeguards required in federal criminal practice: personal allocation with the defendant, confirmation of voluntariness, and written findings of fact supporting both competence and factual sufficiency before entry of judgment.