Reported / Citable
Background
Diego Armando Calderilla-Granado 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.
Calderilla-Granado consented to have the magistrate judge conduct the plea proceeding and pleaded guilty, without a plea agreement, to Count One of the indictment: conspiracy to transport illegal aliens in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I) and (B)(i). Sentencing remained for the presiding district judge.
The Court’s Holding
After personally addressing Calderilla-Granado in open court and providing the admonishments required by Federal Rule of Criminal Procedure 11, the magistrate judge found that Calderilla-Granado understood the charge, possible penalties, and the rights he was waiving. The court also found that he was competent and that his plea was knowing, free, and voluntary.
The magistrate judge further found a sufficient factual basis for the plea, found Calderilla-Granado guilty of the charge to which he pleaded, and noted that he may be subject to restitution. The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- Calderilla-Granado pleaded guilty to conspiracy to transport illegal aliens without a plea agreement.
- The magistrate judge found the plea knowing and voluntary, the defendant competent, and the factual basis sufficient.
- The recommendation was subject to objections within 14 days, and sentencing was referred to the presiding district judge.
Why It Matters
The findings document the Rule 11 safeguards supporting the validity of Calderilla-Granado’s felony guilty plea. They also preserve the district judge’s roles in accepting the recommendation, entering judgment, and imposing sentence.