Reported / Citable
Background
Francisco Hernandez-Martinez appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding. The matter had been referred under a general order for the magistrate judge to take the plea.
After Rule 11 advisements, Hernandez-Martinez consented to having the magistrate judge take 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 before the presiding district judge.
The Court’s Holding
Judge Cordova found that Hernandez-Martinez understood the charge, potential penalties, and his constitutional and statutory rights, and that he knowingly, freely, and voluntarily waived those rights. The court also found him competent and concluded that a sufficient factual basis supported the plea.
The magistrate judge found Hernandez-Martinez guilty of the charged offense and recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation is subject to objections within 14 days; sentencing was referred to Chief U.S. District Judge Alia Moses.
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 knowing, voluntary, competent, and supported by a factual basis.
- The document is a recommendation to accept the plea; the district judge will conduct sentencing.
Why It Matters
The ruling illustrates the magistrate-judge plea process in felony cases when the defendant consents, while preserving the district judge’s role in accepting the recommendation and imposing sentence.