Reported / Citable
Background
Luis Oswaldo Zhagui-Zhagui was charged with illegal re-entry in violation of 8 U.S.C. § 1326(a). On July 8, 2026, the defendant appeared before Magistrate Judge Laura Enriquez with counsel present and entered a guilty plea to the indictment.
The Court’s Holding
The magistrate judge found that the defendant’s guilty plea was made freely, knowingly, and voluntarily. The defendant was fully advised of his rights, including the right to plead not guilty, be tried by jury, confront witnesses, and be protected against self-incrimination. He understood the nature of the charge, maximum penalties, mandatory minimum sentences, and immigration consequences of the plea.
The court found the plea was not induced by promises, threats, or force, and that the defendant was competent to enter the plea. A factual basis exists to support the guilty plea. The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt, subject to final approval and sentencing by the presiding district judge.
Key Takeaways
- Guilty plea accepted in illegal re-entry case under 8 U.S.C. § 1326(a)
- Magistrate judge found plea knowing, voluntary, and supported by factual basis
- Defendant advised of immigration consequences and maximum penalties
- Matter proceeds to district judge for final approval and sentencing
Why It Matters
This magistrate judge report represents a procedural step in a federal immigration enforcement prosecution. While it establishes that the guilty plea meets Rule 11 requirements—colloquy, voluntariness, factual basis, and competency—final sentencing authority rests with the district judge, who will consider Sentencing Guidelines and § 3553(a) factors.