Reported / Citable
Background
Edmi Arturo Flores-Hernandez was charged with illegal reentry into the United States in violation of 8 U.S.C. § 1326. Under a general referral order, the district court referred the case to U.S. Magistrate Judge Joseph A Cordova to take Flores-Hernandez’s felony guilty plea.
Flores-Hernandez appeared with counsel and consented to have 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 Flores-Hernandez understood the charge, potential penalties, and the constitutional and statutory rights he was waiving. The judge also found that Flores-Hernandez was competent, that his plea was knowing and voluntary, and that a sufficient factual basis supported it.
Based on those findings, the magistrate judge 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. The parties were given 14 days after receiving the recommendation to file written objections.
Key Takeaways
- Flores-Hernandez pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found that the Rule 11 requirements were satisfied and that the plea was supported by a sufficient factual basis.
- The recommendation leaves formal acceptance of the plea, entry of judgment, and sentencing to the district judge.
Why It Matters
The recommendation documents the procedural safeguards required before a federal felony guilty plea may be accepted. It also illustrates the limited role of a magistrate judge in this posture: taking the plea by consent, making Rule 11 findings, and recommending acceptance while leaving sentencing to the district judge.