Reported / Citable
Background
Ricardo Lopez-Giron appeared before Magistrate Judge Miguel A. Torres on June 22, 2026, and entered a guilty plea to Count One of the indictment charging illegal re-entry in violation of 8 U.S.C. § 1326(a). The plea was tendered pursuant to a plea agreement between the defendant and the government.
The Court’s Holding
The magistrate judge made fourteen findings of fact establishing that the guilty plea was knowing, voluntary, and intelligent, in compliance with Federal Rule of Criminal Procedure 11. The findings confirmed that Lopez-Giron understood his Fifth Amendment right against self-incrimination, his Sixth Amendment right to counsel and jury trial, the nature of the charges, and the maximum penalties including applicable mandatory minimums. The magistrate also found that Lopez-Giron understood he was waiving his right to appeal or collaterally attack the conviction and sentence, that his plea was not induced by promises outside the plea agreement or by threats or coercion, and that defense counsel had explained the immigration consequences of the guilty plea.
Based on these findings, the magistrate recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- Defendant pled guilty to illegal re-entry under 8 U.S.C. § 1326(a), a federal immigration crime
- All Rule 11 requirements for knowing and voluntary plea were satisfied
- Defendant was advised of and waived appellate rights under the plea agreement
- Sentencing to be determined by the district judge following final approval of the plea
Why It Matters
This is a routine guilty plea acceptance in illegal re-entry cases, which are frequently prosecuted in the Western District of Texas along the U.S.-Mexico border. The magistrate’s detailed Rule 11 findings protect the conviction from appellate challenge on the ground that the plea was involuntary or unknowing. Defendants in these cases typically receive advisory Sentencing Guidelines calculations, though the district judge retains discretion in sentencing.