Reported / Citable
Background
Hipolito Misael Romero-De La Cruz appeared with counsel before Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Romero-De La Cruz that he could have his plea taken by the district judge and gave the required Rule 11 admonitions.
Romero-De La Cruz consented to the magistrate judge taking his plea and pleaded guilty, without a plea agreement, to Count One: illegal reentry into the United States in violation of 8 U.S.C. § 1326. Sentencing was reserved for the presiding district judge.
The Court’s Holding
The magistrate judge found that Romero-De La Cruz understood the charge, 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 an adequate factual basis for the plea, found Romero-De La Cruz guilty of the offense to which he pleaded, and recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation remained subject to objections and district-court review.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the Rule 11 plea requirements satisfied.
- The filing is a recommendation to accept the plea; sentencing will be conducted by the district judge.
Why It Matters
The order illustrates the magistrate-judge plea process in a felony case: with the defendant’s consent, a magistrate judge may conduct the plea colloquy and recommend acceptance, while the district judge retains sentencing responsibility.