Reported / Citable
Background
Gilda Maria Luisa Lopez Hurtado appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Lopez Hurtado that she could have her plea taken by the district judge and gave the Rule 11 admonishments.
Lopez Hurtado, with counsel’s advice, consented to having the magistrate judge take her plea. She pleaded guilty under 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).
The Court’s Holding
The magistrate judge found that Lopez Hurtado understood the charge, penalties, and her constitutional and statutory rights; knowingly and voluntarily waived those rights; was competent to plead guilty; and entered her plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea.
Judge Cordova found Lopez Hurtado guilty of the count to which she pleaded and recommended that the district court accept the guilty plea and enter a judgment of guilt. The matter was referred to Chief U.S. District Judge Alia Moses for sentencing. The recommendation remained subject to objections within 14 days.
Key Takeaways
- The magistrate judge recommended acceptance of Lopez Hurtado’s guilty plea to conspiracy to transport illegal aliens.
- The recommendation rested on findings that the Rule 11 plea was knowing, voluntary, competent, and supported by a factual basis.
- Sentencing and final action on the recommendation were left to the presiding district judge.
Why It Matters
The decision is a report and recommendation, not the district court’s final acceptance of the plea or sentencing judgment. It documents the plea-stage findings supporting acceptance while preserving the parties’ 14-day opportunity to object.