Reported / Citable
Background
Nery Rocael Moran Cardona appeared with counsel before U.S. Magistrate Judge Joseph A Cordova 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, Moran Cardona consented to proceeding before the magistrate judge. He pleaded guilty, without a plea agreement, to Count One of the indictment, which charged illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
The magistrate judge found that Moran Cardona understood the charge, potential penalties, and the constitutional and statutory rights he was waiving. The judge also found that Moran Cardona 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 matter 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
- Moran Cardona pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found that the plea satisfied the requirements of Federal Rule of Criminal Procedure 11.
- The recommendation did not impose a sentence; sentencing remained 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 competency, voluntariness, an understanding of the charge and penalties, waiver of rights, and a sufficient factual basis.
It also preserves the distinction between the magistrate judge’s role in taking and recommending acceptance of the plea and the district judge’s responsibility to act on that recommendation and conduct sentencing.