Reported / Citable
Background
Jose Marcelino Montalvo-Aguilar appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Montalvo-Aguilar that he could have his plea taken by the district judge and gave the Federal Rule of Criminal Procedure 11 admonishments.
Montalvo-Aguilar, represented by counsel, consented to having the magistrate judge take his plea. He pleaded guilty, without a plea agreement, to Count One of the Superseding Information, charging illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
The magistrate judge found that Montalvo-Aguilar understood the charge, potential penalties, and his constitutional and statutory rights; that he knowingly, freely, and voluntarily waived those rights; and that he was competent to plead guilty. The judge also found a sufficient factual basis for the plea.
The magistrate judge found Montalvo-Aguilar guilty of the illegal-reentry charge and recommended that Chief U.S. District Judge Alia Moses accept the guilty plea and enter a judgment of guilt. Sentencing was referred to the presiding district judge.
Key Takeaways
- The recommendation concerns acceptance of a guilty plea, not sentencing.
- Montalvo-Aguilar pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The parties had 14 days to object to the findings and recommendation.
Why It Matters
The decision reflects the magistrate-judge plea process in a federal felony case: after Rule 11 colloquy and consent, the magistrate judge may make findings and recommend that the district judge accept the plea. The district judge retains responsibility for acting on the recommendation and imposing sentence.