Reported / Citable
Background
Angelica Maria Herrera Garcia was charged in Count One of an indictment 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 her felony guilty plea.
On June 30, 2026, Herrera Garcia appeared with counsel and consented to have the magistrate judge take her plea, while acknowledging that the presiding district judge would conduct sentencing. After receiving the admonishments required by Federal Rule of Criminal Procedure 11, she pleaded guilty to Count One without a plea agreement.
The Court’s Holding
The magistrate judge found that Herrera Garcia understood the charge, potential penalties, and the constitutional and statutory rights she was waiving. The judge also found that she was competent, that her plea was knowing and voluntary, and that a sufficient factual basis supported it.
Based on those findings, the magistrate judge found Herrera Garcia guilty of the charge to which she pleaded and recommended that the district judge accept the guilty plea and enter a judgment of guilt. The recommendation did not impose a sentence; the case was referred to the presiding district judge for sentencing.
Key Takeaways
- Herrera Garcia pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge concluded that the plea satisfied Rule 11 and was supported by an adequate factual basis.
- The ruling was a recommendation to accept the plea, with sentencing reserved for the presiding district judge.
Why It Matters
The recommendation documents the procedural safeguards required before a federal felony guilty plea may be accepted, including confirmation of competence, voluntariness, an informed waiver of rights, and a sufficient factual basis.
It also preserves the distinction between a magistrate judge’s role in taking the plea by consent and the district judge’s authority to accept the recommendation, enter judgment, and impose sentence.