Reported / Citable
Background
Wendy Karina Escobar-Ferrufino appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for the taking of a felony guilty plea. The case had been referred to the magistrate judge under a general order.
Escobar-Ferrufino consented to have the magistrate judge take her plea. She 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. Sentencing was reserved for the presiding district judge.
The Court’s Holding
After personally addressing Escobar-Ferrufino and giving the Rule 11 advisements, the magistrate judge found that she understood the charge, penalties, and her constitutional and statutory rights; voluntarily waived those rights; and was competent to plead guilty.
The magistrate judge also found that the plea was knowing and voluntary and supported by a sufficient factual basis. He found Escobar-Ferrufino guilty of the charged offense and recommended that the district judge accept the plea and enter a judgment of guilt.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the Rule 11 requirements satisfied and recommended acceptance of the plea.
- The parties had 14 days to object to the findings and recommendation.
Why It Matters
The ruling is a magistrate judge’s report and recommendation, not the district court’s final acceptance of the plea. Absent timely objections, the recommendation may be adopted by the presiding district judge, who will conduct sentencing.