Reported / Citable
Background
Jose Luis Anduray-Perez appeared with counsel before Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Anduray-Perez that he could have his plea taken by the district judge and gave the Rule 11 admonishments.
Anduray-Perez, advised by counsel, consented to the magistrate judge’s taking of 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 Anduray-Perez understood the charge, potential penalties, and his constitutional and statutory rights; voluntarily waived those rights; and was competent to plead guilty. The court also found that the plea was knowing and voluntary and supported by a sufficient factual basis.
The magistrate judge found Anduray-Perez guilty of the charged offense and recommended that the district judge accept the guilty plea and enter a judgment of guilt. The case was referred to the presiding district judge for sentencing.
Key Takeaways
- The recommendation concerns a guilty plea to illegal reentry under 8 U.S.C. § 1326.
- The defendant entered the plea without a plea agreement and consented to the magistrate judge’s plea proceeding.
- Parties have 14 days to file written objections; absent objections, review by the district court and appellate challenges are limited as stated in the recommendation.
Why It Matters
This is a report and recommendation, not the district judge’s final acceptance of the plea or a sentencing decision. It records the Rule 11 findings supporting acceptance of the plea while preserving the parties’ opportunity to object before the district court acts.