Reported / Citable
Background
Sergio Diego-De La Cruz was charged in Count One of an indictment with illegal reentry under 8 U.S.C. § 1326(a). On June 22, 2026, he appeared with counsel before a U.S. magistrate judge and pleaded guilty pursuant to a plea agreement.
Diego-De La Cruz consented to entering his plea before the magistrate judge, subject to final approval and sentencing by the presiding district judge. The magistrate judge conducted the plea proceeding under Federal Rule of Criminal Procedure 11.
The Court’s Holding
The magistrate judge found that Diego-De La Cruz was competent and that his plea was knowing, voluntary, and supported by a factual basis. The judge also found that he understood the charge, possible penalties, immigration consequences, trial rights, advisory Sentencing Guidelines, and sentencing factors under 18 U.S.C. § 3553(a).
The judge further found that Diego-De La Cruz understood the plea agreement, including its waiver of the right to appeal or collaterally attack his conviction or sentence and its limitation on withdrawing the plea if requested sentencing adjustments were not applied. Based on those findings, the magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The ruling is a report and recommendation; final acceptance of the plea and sentencing remain with the district judge.
- The magistrate judge found that the defendant knowingly and voluntarily waived his trial rights and entered a factually supported guilty plea.
- The defendant acknowledged the plea agreement’s appellate and collateral-review waiver and confirmed that counsel explained the plea’s immigration consequences.
Why It Matters
The recommendation documents the Rule 11 safeguards required before a federal guilty plea may be accepted. It also confirms that the defendant understood both the direct consequences of pleading guilty and the significant rights relinquished under the plea agreement.
The report cautions that failing to object before sentencing may bar district-court reconsideration of covered issues and appellate review of factual findings later accepted or adopted by the district judge.