Reported / Citable
Background
Pablo Hernandez-Morataya appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding. The case had been referred under a general order for the taking of the plea.
After Rule 11 admonishments, Hernandez-Morataya 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 before the presiding district judge.
The Court’s Holding
Judge Cordova found that Hernandez-Morataya consented to the magistrate judge’s taking of his plea; understood the charge, possible penalties, and his rights; and knowingly, freely, and voluntarily waived those rights.
The magistrate judge also found Hernandez-Morataya competent and determined that a sufficient factual basis supported the plea. The judge found him guilty and recommended that the district court accept the plea and enter a judgment of guilt.
Key Takeaways
- The recommendation concerns acceptance of a guilty plea, not sentencing.
- Hernandez-Morataya pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- Parties have 14 days to object; absent objections, review may be limited on appeal.
Why It Matters
The recommendation clears the case for the district judge to decide whether to accept the plea and then impose sentence. It reflects the magistrate judge’s conclusion that the Rule 11 requirements for a knowing and voluntary plea were met.