Reported / Citable
Background
Rolando Marquez Vazquez appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea hearing. The case had been referred under a general order for the taking of a felony plea.
After receiving Rule 11 admonishments, Vazquez consented to having the magistrate judge take his plea. He 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
The magistrate judge found that Vazquez understood the charge, penalties, and his constitutional and statutory rights; voluntarily waived those rights; was competent to plead; and entered his plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea.
The magistrate judge found Vazquez guilty of the charged offense and recommended that the district judge accept the guilty plea and enter a judgment of guilt. Sentencing remains for the presiding district judge.
Key Takeaways
- The recommendation concerns a guilty plea, not a final sentencing decision.
- Vazquez pleaded guilty without a plea agreement.
- Parties have 14 days to object to the findings and recommendation.
Why It Matters
The order clears the case for district-court review of the recommended plea acceptance and for sentencing. Absent timely objections, the parties risk forfeiting de novo review of the recommended findings and conclusions.