Reported / Citable
Background
Noah Michael Garza appeared with counsel before Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. Garza consented to having the magistrate judge take his plea; sentencing remains before Chief U.S. District Judge Alia Moses.
Garza pleaded guilty without a plea agreement to Count One, conspiracy to transport illegal aliens, and Count Two, transportation of illegal aliens for profit, in violation of 8 U.S.C. § 1324. The magistrate judge gave the Rule 11 admonishments and advised Garza of his right to have the district judge take the plea.
The Court’s Holding
Magistrate Judge Cordova found that Garza understood the charges, penalties, and his rights; knowingly and voluntarily waived those rights; was competent to plead guilty; and made his plea freely and voluntarily. The court also found a sufficient factual basis for the plea.
The magistrate judge found Garza guilty of the offenses to which he pleaded and recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation was subject to objections within 14 days and the case was referred to the presiding district judge for sentencing.
Key Takeaways
- Garza pleaded guilty to conspiracy to transport illegal aliens and transportation of illegal aliens for profit.
- The plea was entered without a plea agreement.
- The magistrate judge recommended acceptance; the district judge retains the sentencing proceeding.
Why It Matters
The filing is a Rule 11 findings-and-recommendation document, not a final district-court order accepting the plea or imposing sentence. Unless timely objections are made, unobjected-to findings accepted by the district court generally receive only plain-error review on appeal.