Reported / Citable
Background
Jose Alexis Alarcon-De La O was charged with illegal reentry into the United States in violation of 8 U.S.C. § 1326. The case was referred by general order to a U.S. magistrate judge to conduct the felony guilty-plea proceeding.
On June 30, 2026, Alarcon-De La O appeared with counsel and consented to having the magistrate judge take his plea. After receiving the admonishments required by Federal Rule of Criminal Procedure 11, he pleaded guilty to Count One without a plea agreement.
The Court’s Holding
The magistrate judge found that Alarcon-De La O understood the charge, possible penalties, and the rights he was waiving. The judge also found that he was competent, that his plea was knowing and voluntary, and that a sufficient factual basis supported the plea.
The magistrate judge found Alarcon-De La O guilty of the charge and recommended that the district judge accept the guilty plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing; the filing was a recommendation rather than a final sentencing decision.
Key Takeaways
- Alarcon-De La O pleaded guilty to illegal reentry under 8 U.S.C. § 1326.
- The plea was entered without a plea agreement after a Rule 11 colloquy.
- The magistrate judge recommended acceptance of the plea and referred the case to the district judge for sentencing.
Why It Matters
The recommendation documents the procedural findings required before a federal felony guilty plea may be accepted, including competence, voluntariness, an understanding of the charge and penalties, and a sufficient factual basis.
The parties were given 14 days to object, with failure to object potentially limiting district-court and appellate review of the magistrate judge’s findings and legal conclusions.