Reported / Citable
Background
Pedro Rodrigo Reyes-Herrera appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty plea proceeding referred under a general order. The magistrate judge advised Reyes-Herrera that he could have his plea taken by the district judge and gave the Rule 11 admonishments.
Reyes-Herrera, with counsel’s advice, 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.
The Court’s Holding
The magistrate judge found that Reyes-Herrera understood the charge, penalties, and rights he was waiving; that he was competent; and that his plea was knowing, free, and voluntary. The magistrate judge also found a sufficient factual basis for the plea and found Reyes-Herrera 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. The matter was referred to Chief U.S. District Judge Alia Moses for sentencing, and the parties were advised that objections to the recommendation were due within 14 days.
Key Takeaways
- Reyes-Herrera pleaded guilty without a plea agreement to illegal reentry under 8 U.S.C. § 1326.
- The magistrate judge found the Rule 11 requirements satisfied, including competency, voluntariness, and factual basis.
- The document is a recommendation for the district judge to accept the plea and enter judgment, not a final sentencing decision.
Why It Matters
The recommendation preserves the district judge’s role in accepting the plea and imposing sentence while documenting that the guilty plea complied with Rule 11. Any party seeking district-court review must timely object to the magistrate judge’s proposed findings and recommendation.