Reported / Citable
Background
Juan Pablo Ramirez-Varela appeared with counsel before Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Ramirez-Varela of his right to have the plea taken by the district judge and conducted the required Rule 11 admonishments.
Ramirez-Varela 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 remains before the presiding district judge.
The Court’s Holding
The magistrate judge found that Ramirez-Varela understood the charge, potential penalties, and his constitutional and statutory rights; voluntarily waived those rights; was competent to plead; and entered the plea freely and voluntarily.
The magistrate judge also found a sufficient factual basis for the plea and found Ramirez-Varela guilty of the charged offense. The court recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The filing is a magistrate judge’s findings and recommendation, not a final district-court acceptance of the plea.
- Ramirez-Varela pleaded guilty without a plea agreement to illegal reentry under 8 U.S.C. § 1326.
- Any objections to the recommendation must be filed within 14 days; failure to object limits later review.
Why It Matters
The recommendation clears the case for the district judge to decide whether to accept the plea and proceed to sentencing. It also preserves the Rule 11 record supporting the plea’s validity.