Reported / Citable
Background
Jose Santiago Zelaya-Cedillo appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova to enter a felony guilty plea. The matter had been referred to the magistrate judge under a general order for the taking of the plea.
After being advised that he had the right to have a district judge take his plea, Zelaya-Cedillo consented to proceed before the magistrate judge. He pleaded guilty, without a plea agreement, to Count One of the indictment, which charged illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
The magistrate judge found that Zelaya-Cedillo understood the charge, potential penalties, and the constitutional and statutory rights he was waiving. The judge also found that the plea was knowing and voluntary, that Zelaya-Cedillo was competent to plead guilty, and that the plea had a sufficient factual basis.
Based on those findings, the magistrate judge recommended that the district court accept the guilty plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing, and the parties were notified that they had 14 days to object to the findings and recommendation.
Key Takeaways
- Zelaya-Cedillo pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, competent, and supported by a sufficient factual basis.
- The document is a recommendation to the district court, not a final sentencing decision.
Why It Matters
The recommendation records the Rule 11 findings required before a felony guilty plea may be accepted. It leaves acceptance of the plea, entry of judgment, and sentencing for the presiding district judge, subject to the parties’ opportunity to object.