Reported / Citable
Background
Jonathan Josue Aguilar Dubon was charged with illegal reentry into the United States in violation of 8 U.S.C. § 1326. On June 29, 2026, the defendant appeared before United States Magistrate Judge Joseph A. Cordova with counsel. The magistrate judge, acting pursuant to 28 U.S.C. § 636(b)(3), was assigned to take the defendant’s felony guilty plea, with sentencing to follow before United States District Judge Ernest Gonzalez.
Before accepting the plea, the magistrate judge addressed the defendant in open court and admonished him regarding his constitutional and statutory rights under Federal Rule of Criminal Procedure 11. The defendant, with his counsel’s advice, consented to have the magistrate judge take his plea rather than waiting for the District Judge to do so.
The Court’s Holding
The magistrate judge found that the defendant’s guilty plea to Count One—illegal reentry under 8 U.S.C. § 1326—satisfied all constitutional and procedural requirements for a valid guilty plea. The court determined that the defendant understood the nature of the charges and penalties, understood his constitutional and statutory rights, and freely and voluntarily waived those rights. Critically, the plea was entered without any plea agreement.
The magistrate judge further found that the defendant is competent to enter a guilty plea and that a sufficient factual basis exists to support the conviction. Based on these findings, the court recommended that the District Court accept the guilty plea and enter judgment of guilt. The defendant was advised that restitution may be imposed as part of sentencing.
Key Takeaways
- The defendant pleaded guilty to federal illegal reentry, a felony under 8 U.S.C. § 1326, without benefit of a plea agreement.
- All Rule 11 requirements for a constitutionally valid guilty plea were satisfied, including knowing and voluntary waiver of rights.
- The court found a sufficient factual basis to support the conviction, protecting the reliability of the plea.
- Sentencing remains pending before the District Judge, with restitution as a potential element of the sentence.
Why It Matters
Illegal reentry under 8 U.S.C. § 1326 carries mandatory minimum sentences and substantial maximum penalties. This guilty plea terminates the trial phase, leaving only sentencing for determination. For defendants in immigration-related cases, conviction for federal reentry carries collateral consequences beyond criminal penalties, including immigration consequences and potential deportation.
The court’s meticulous compliance with Rule 11 procedures—ensuring the plea is knowing, voluntary, and factually supported—is essential to prevent later claims of constitutional violation or inadequate counsel. The absence of a plea agreement underscores that the defendant faces the full range of penalties prescribed by statute.