Reported / Citable
Background
Sergio Agusto Carberea-Beltre appeared with counsel before Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Carberea-Beltre that he could have his plea taken by the district judge and gave the Rule 11 admonishments.
Carberea-Beltre pleaded guilty, without a plea agreement, to Count One: 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
The magistrate judge found that Carberea-Beltre consented to the magistrate judge’s taking of the plea; understood the charge, penalties, and his rights; and knowingly, freely, and voluntarily waived those rights. The magistrate judge also found him competent and concluded that a sufficient factual basis supported the plea.
The magistrate judge found Carberea-Beltre guilty of the illegal-reentry charge and recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation remained subject to objections and district-court review.
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, including voluntariness, competency, and a factual basis.
- The district judge, not the magistrate judge, will conduct sentencing and decide whether to accept the recommendation.
Why It Matters
The filing is a report and recommendation, not a final district-court acceptance of the plea or a sentencing decision. Parties have 14 days to object; absent timely objections, the stated findings and recommendations may receive only plain-error review on appeal.