Reported / Citable
Background
Marvin Enrique Carcamo-Fernandez appeared with counsel before a magistrate judge for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised him that he had the right to have a district judge take the plea and gave the required Federal Rule of Criminal Procedure 11 admonishments.
Carcamo-Fernandez, with counsel’s advice, consented to the magistrate judge taking his plea. He pleaded guilty without a plea agreement to Count One, illegal reentry into the United States in violation of 8 U.S.C. § 1326. Sentencing remains for the presiding district judge.
The Court’s Holding
Magistrate Judge Joseph A. Cordova found that Carcamo-Fernandez understood the charge, penalties, and his rights; voluntarily waived his rights; was competent; and entered his plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the guilty plea.
The magistrate judge found Carcamo-Fernandez guilty of the charged offense and recommended that the district judge accept the plea and enter a judgment of guilt. The recommendation is subject to objections within 14 days; the district judge will conduct sentencing.
Key Takeaways
- The defendant pleaded guilty, without a plea agreement, to illegal reentry under 8 U.S.C. § 1326.
- The magistrate judge found the Rule 11 requirements satisfied and a factual basis for the plea.
- The magistrate judge recommended acceptance of the plea; final acceptance and sentencing are for the district judge.
Why It Matters
The filing is a report and recommendation, not a final district-court order accepting the plea. It preserves the parties’ 14-day period to object before the district judge acts on the recommendation.