Reported / Citable
Background
Mario Ruiz-Gonzalez appeared with counsel before a magistrate judge for a felony guilty-plea proceeding. The case had been referred under a general order for the taking of the plea.
After being advised of his right to have the district judge take the plea and receiving Rule 11 admonishments, Ruiz-Gonzalez consented to proceed before the magistrate judge. He pleaded guilty, without a plea agreement, to Count One: illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
Magistrate Judge Joseph A Cordova found that Ruiz-Gonzalez understood the charge, potential penalties, and his rights; knowingly and voluntarily waived those rights; was competent to plead; and entered his plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea.
The magistrate judge found Ruiz-Gonzalez guilty of the charge to which he pleaded and recommended that the district judge accept the guilty plea and enter a judgment of guilt. Sentencing was referred to the presiding district judge.
Key Takeaways
- The recommendation concerns a guilty plea to illegal reentry under 8 U.S.C. § 1326.
- The plea was entered without a plea agreement.
- Parties had 14 days to object to the magistrate judge’s findings and recommendation.
Why It Matters
The ruling reflects the Rule 11 findings required before a felony guilty plea may be accepted. It does not itself impose sentence; the plea recommendation and subsequent sentencing remain before the district judge.