Reported / Citable
Background
Fernando Granados-Resendiz appeared with counsel before a magistrate judge for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised him that he could have his plea taken by the district judge and gave the Federal Rule of Criminal Procedure 11 admonishments.
Granados-Resendiz, with counsel’s advice, consented to the magistrate judge taking his plea. He pleaded guilty without a plea agreement to Count One, charging 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 Granados-Resendiz understood the charge, penalties, and his constitutional and statutory rights; voluntarily waived those rights; was competent; and entered his plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea.
The magistrate judge found Granados-Resendiz guilty of the count to which he pleaded and recommended that the district court accept the guilty plea and enter a judgment of guilt. Sentencing was referred to the presiding district judge.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge concluded that the Rule 11 plea requirements were satisfied, including competency, voluntariness, and a factual basis.
- The filing is a recommendation to the district judge; parties had 14 days to object.
Why It Matters
The recommendation clears the case for the district judge to decide whether to accept the plea and to impose sentence. It does not itself resolve sentencing or identify the sentence the defendant will receive.