Reported / Citable
Background
Carlos Gomez Jr. appeared with counsel before a magistrate judge after the case was referred under a general order for the taking of a felony guilty plea. Gomez consented to having the magistrate judge take his plea, while sentencing remained for the presiding district judge.
After Rule 11 advisements, Gomez pleaded guilty without a plea agreement to Count One: conspiracy to transport illegal aliens, in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I) and (B)(i).
The Court’s Holding
Magistrate Judge Joseph A. Cordova found that Gomez understood the charge, penalties, and rights he was waiving; that he was competent; and that his plea was knowing, free, and voluntary. The magistrate judge also found a sufficient factual basis for the plea and found Gomez guilty of the charged offense.
The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The recommendation was subject to objections, and the case was referred to the district judge for sentencing.
Key Takeaways
- The defendant pleaded guilty without a plea agreement to conspiracy to transport illegal aliens.
- The magistrate judge concluded that the Rule 11 plea requirements were satisfied.
- The district judge, not the magistrate judge, will decide whether to accept the recommendation and will conduct sentencing.
Why It Matters
The filing is a report and recommendation, not a final district-court acceptance of the plea or a sentencing decision. Parties had 14 days to file written objections; absent objections, appellate review of adopted findings and conclusions is generally limited to plain error.