Reported / Citable
Background
Jerquade Omar Akeem Hawkins appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding. The case had been referred to the magistrate judge under a general order for that purpose.
Hawkins consented to having the magistrate judge take his plea, while sentencing remained with U.S. District Judge Ernest Gonzalez. Hawkins pleaded guilty without a plea agreement to conspiracy to transport illegal aliens while placing lives in jeopardy and transportation of illegal aliens while placing lives in jeopardy.
The Court’s Holding
The magistrate judge found that Hawkins understood the charges, potential penalties, and his constitutional and statutory rights; knowingly and 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 both guilty pleas.
Accordingly, the magistrate judge found Hawkins guilty of Counts One and Two and recommended that the district court accept the plea and enter a judgment of guilt. The recommendation did not itself impose sentence; the case was referred to the presiding district judge for sentencing.
Key Takeaways
- Hawkins pleaded guilty without a plea agreement to two alien-transportation offenses involving jeopardy to human life.
- The magistrate judge conducted the Rule 11 colloquy with Hawkins’s consent and found the plea valid.
- Parties have 14 days to object to the findings and recommendation.
Why It Matters
The filing illustrates the magistrate-judge role in taking felony guilty pleas by consent: the magistrate judge may make findings and recommend acceptance, but the district judge retains responsibility for accepting the recommendation and imposing sentence. Absent timely objections, the parties risk forfeiting de novo review and limiting appellate challenges to plain error.