Reported / Citable
Background
Carlos Adan Gonazalez-Castillo appeared with counsel before U.S. Magistrate Judge Joseph A Cordova for a felony guilty-plea proceeding. The matter had been referred to the magistrate judge by general order under 28 U.S.C. § 636(b)(3).
After advising Gonazalez-Castillo under Federal Rule of Criminal Procedure 11, the magistrate judge found that he understood the charge, potential penalties, and the rights he was waiving. Gonazalez-Castillo pleaded guilty without a plea agreement to Count One, illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
The magistrate judge found that Gonazalez-Castillo knowingly, freely, and voluntarily entered his guilty plea; was competent to do so; and that a sufficient factual basis supported the plea. The magistrate judge also found him guilty of the offense to which he pleaded.
The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. Sentencing remains for the presiding district judge, and the parties have 14 days to object to the recommendation.
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 plea knowing, voluntary, competent, and supported by a factual basis.
- The filing is a recommendation; the district judge must decide whether to accept the plea and will conduct sentencing.
Why It Matters
The order preserves the distinction between a magistrate judge’s plea findings and the district judge’s final acceptance of the plea and imposition of sentence. Any party seeking de novo review must timely file written objections.