Reported / Citable
Background
Eduardo Rayo-Herrera appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding. The matter had been referred under a general order for the magistrate judge to take the plea.
After being advised of his right to have a district judge take the plea and receiving the required Federal Rule of Criminal Procedure 11 admonishments, Rayo-Herrera consented to proceed before the magistrate judge. He pleaded guilty, without a plea agreement, to Count One of the indictment: illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
The magistrate judge found that Rayo-Herrera understood the charge, potential penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; and was competent to plead guilty. The court also found that the plea was free and voluntary and supported by a sufficient factual basis.
Accordingly, the magistrate judge found Rayo-Herrera guilty of the charged offense and recommended that the district court accept the guilty plea and enter a judgment of guilt. The case was referred to the presiding district judge for sentencing.
Key Takeaways
- The recommendation concerns acceptance of a guilty plea, not the imposition of sentence.
- Rayo-Herrera pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- Parties have 14 days to object; failure to object limits district-court review and appellate challenges as stated in the recommendation.
Why It Matters
The decision documents a Rule 11 plea proceeding in which the magistrate judge concluded that the defendant’s plea met the requirements for acceptance. The district judge must act on the recommendation and will conduct sentencing.