Reported / Citable
Background
Roberto Perez Perez appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding. The case had been referred to the magistrate judge under a general order for the taking of a felony plea.
After receiving Rule 11 advisements, Perez Perez consented to having the magistrate judge take his plea. He pleaded guilty, without a plea agreement, to Count One of the indictment, charging illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
The magistrate judge found that Perez Perez understood the charge, potential penalties, and his constitutional and statutory rights, and that he knowingly and voluntarily waived those rights. The magistrate judge also found him competent, concluded that the plea was voluntary, and found a sufficient factual basis for the plea.
Judge Cordova therefore found Perez Perez guilty of the charged offense and recommended that Chief U.S. District Judge Alia Moses accept the guilty plea and enter a judgment of guilt. The matter was referred to the district judge for sentencing.
Key Takeaways
- Perez Perez pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge recommended acceptance of the plea after completing the Rule 11 colloquy.
- The parties had 14 days to object to the findings and recommendation.
Why It Matters
The filing does not impose sentence or finally accept the plea; it recommends that the district judge do so. Absent timely objections, the recommendation may be reviewed only for plain error on appeal as to unobjected-to findings and conclusions adopted by the district court.