Reported / Citable
Background
Josue Aldair Barrientos-Lopez 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 take Barrientos-Lopez’s felony guilty plea.
At a June 30, 2026 hearing, Barrientos-Lopez appeared with counsel and consented to have the magistrate judge take his plea. After receiving the required Federal Rule of Criminal Procedure 11 admonishments, he pleaded guilty to Count One without a plea agreement.
The Court’s Holding
The magistrate judge found that Barrientos-Lopez understood the charge, potential penalties, and the constitutional and statutory rights he was waiving. The judge also found that Barrientos-Lopez was competent, that his plea was knowing and voluntary, and that a sufficient factual basis supported the plea.
Based on those findings, the magistrate judge found Barrientos-Lopez 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, and the parties were given 14 days to object to the findings and recommendation.
Key Takeaways
- Barrientos-Lopez pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge concluded that the plea complied with Rule 11 and was supported by a sufficient factual basis.
- The recommendation remained subject to district-court review and timely objections before sentencing.
Why It Matters
The recommendation illustrates the procedure for taking a felony guilty plea before a magistrate judge with the defendant’s consent. It also underscores that the magistrate judge’s acceptance recommendation and factual findings are reviewed by the presiding district judge, who conducts sentencing.