Reported / Citable
Background
Jesus Angel Hernandez-Hernandez appeared with counsel before a U.S. magistrate judge to enter a felony guilty plea. The matter had been referred to the magistrate judge under a general order for the taking of the plea.
After being advised that he could have the district judge take his plea, Hernandez-Hernandez consented to proceed before the magistrate judge. He pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
Following the Rule 11 colloquy, the magistrate judge found that Hernandez-Hernandez understood the charge, potential penalties, and rights he was waiving; was competent; and entered the plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea and found Hernandez-Hernandez guilty of the charge to which he pleaded.
The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The case 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
- Hernandez-Hernandez pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, factually supported, and entered by a competent defendant.
- The recommendation remained subject to the district judge’s review, with sentencing reserved for the district judge.
Why It Matters
The findings document the procedural safeguards required before acceptance of a felony guilty plea, including the defendant’s consent to proceed before a magistrate judge and the Rule 11 inquiry into comprehension, voluntariness, competency, and factual basis.
The ruling is a recommendation rather than the district judge’s final acceptance of the plea or sentencing decision. Any objections were required within 14 days to preserve ordinary district-court and appellate review.