Reported / Citable
Background
Pedro Itehua-Itehua was charged with one count of illegal reentry into the United States in violation of 8 U.S.C. § 1326. The case was referred to a United States Magistrate Judge for the taking of his felony guilty plea pursuant to 28 U.S.C. § 636(b)(3). No plea agreement was reached between the government and defendant.
The Court’s Holding
The magistrate judge accepted Itehua-Itehua’s guilty plea to Count One of the indictment. The court found that the defendant, with counsel present, had knowingly and voluntarily waived his constitutional and statutory rights, understood the nature of the charges and applicable penalties, and was competent to enter a guilty plea without a plea agreement. The magistrate judge determined there was a sufficient factual basis for the guilty plea.
The magistrate judge recommended acceptance of the guilty plea and entry of a judgment of guilty. The case has been referred to the presiding District Judge for sentencing. The defendant was advised that he may be subject to restitution.
Key Takeaways
- Defendant entered unconditional guilty plea to illegal reentry without benefit of plea agreement
- Magistrate found plea was made knowingly, voluntarily, and with adequate factual basis
- All Rule 11 advisements were given and constitutional waivers confirmed
- District Judge will conduct sentencing and may impose restitution
Why It Matters
This case illustrates the standard procedure in the Fifth Circuit for handling illegal reentry prosecutions under 8 U.S.C. § 1326, a felony charge common in border districts. The magistrate’s acceptance of the guilty plea and recommendation to the District Judge for sentencing reflects the two-step process used for felony guilty pleas in federal district courts.