Reported / Citable
Background
Juan Carlos Portillo-Licona 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 Portillo-Licona that he could have the plea taken by a district judge and gave the Rule 11 admonishments.
Portillo-Licona 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 Portillo-Licona had consented to the magistrate judge’s taking of the plea; understood the charge, potential penalties, and his rights; and knowingly and voluntarily waived those rights. The magistrate judge also found Portillo-Licona competent and concluded that a sufficient factual basis supported the plea.
Judge Cordova found Portillo-Licona guilty of the charged offense and recommended that the district judge accept the guilty plea and enter a judgment of guilt. The recommendation remained subject to objections within 14 days and ultimate action by the district judge.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, and supported by a sufficient factual basis.
- The magistrate judge recommended acceptance; sentencing and final disposition were referred to the district judge.
Why It Matters
The filing is a plea-stage findings-and-recommendation order, not a sentencing decision or final district-court order accepting the plea. It documents compliance with Rule 11 and preserves the parties’ opportunity to object before the district judge acts.