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Gutierrez-Perez — magistrate judge recommended accepting guilty plea to illegal reentry

Reported / Citable

Case
USA v. Marlon Gutierrez-Perez
Court
U.S. District Court — Western District of Texas
Judge
MIGUEL A. TORRES
Date Decided
July 1, 2026
Docket No.
3:26-cr-01315
Topics
Illegal Reentry; Guilty Plea; Rule 11; Appellate Waiver

Background

Marlon Gutierrez-Perez appeared with counsel before a U.S. magistrate judge and pleaded guilty under a plea agreement to Count One of the indictment, which charged illegal reentry in violation of 8 U.S.C. § 1326(a). He consented to entering the plea before a magistrate judge, subject to final approval and sentencing by the presiding district judge.

During the Rule 11 proceeding, the magistrate judge advised Gutierrez-Perez of his trial rights, the charge and potential penalties, the plea’s immigration consequences, the advisory Sentencing Guidelines, and the sentencing factors under 18 U.S.C. § 3553(a). The judge also confirmed that Gutierrez-Perez understood the plea agreement, including its waiver of appellate and collateral-review rights.

The Court’s Holding

The magistrate judge found that Gutierrez-Perez was competent and that his guilty plea was knowing, voluntary, and supported by a factual basis. The judge further found that the plea was not induced by threats or promises outside the plea agreement and that Gutierrez-Perez understood the rights he was relinquishing.

Based on those findings, the magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The report and recommendation did not itself finally accept the plea, adjudicate guilt, or impose a sentence.

Key Takeaways

  • Gutierrez-Perez pleaded guilty to illegal reentry under 8 U.S.C. § 1326(a).
  • The magistrate judge found that the plea satisfied Rule 11 and was knowing, voluntary, and factually supported.
  • Final acceptance of the plea, entry of judgment, and sentencing remained with the presiding district judge.

Why It Matters

The report documents the procedural safeguards required before a federal court may accept a guilty plea, including confirmation that the defendant understands the charge, possible punishment, trial rights, immigration consequences, and any waiver of appellate or collateral-review rights.

It also underscores the limited posture of a magistrate judge’s recommendation: the district judge retains responsibility for final approval of the plea and sentencing, and objections to the report must be raised before sentencing to preserve review.

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