Reported / Citable
Background
Franklin Javier Lopez-Caldera appeared with counsel before Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Lopez-Caldera of his right to have the plea taken by a district judge and conducted the required Federal Rule of Criminal Procedure 11 colloquy.
Lopez-Caldera, 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. Sentencing remains for the presiding district judge.
The Court’s Holding
The magistrate judge found that Lopez-Caldera understood the charge, penalties, and his constitutional and statutory rights; voluntarily waived those rights; was competent to plead; and entered his plea freely and voluntarily. The judge also found a sufficient factual basis for the plea.
Based on those findings, the magistrate judge found Lopez-Caldera guilty of the charged offense 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.
Key Takeaways
- The filing is a report and recommendation, not the district court’s final acceptance of the plea.
- Lopez-Caldera pleaded guilty without a plea agreement to illegal reentry under 8 U.S.C. § 1326.
- The magistrate judge found the Rule 11 requirements satisfied and referred the case to the district judge for sentencing.
Why It Matters
The recommendation clears the way for the district judge to accept the plea and proceed to sentencing, unless objections prompt further review. It also illustrates the use of a magistrate judge to conduct a felony plea colloquy with the defendant’s consent while leaving final disposition and sentencing to the district judge.