Reported / Citable
Background
Cervando Ismael Cevedo-Granados appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding. The case had been referred under a general order for the magistrate judge to take the plea.
After Rule 11 admonishments, Cevedo-Granados consented to the magistrate judge’s taking of his plea and pleaded guilty, without a plea agreement, to Count One: illegal reentry into the United States in violation of 8 U.S.C. § 1326. Sentencing remained assigned to U.S. District Judge Ernest Gonzalez.
The Court’s Holding
The magistrate judge found that Cevedo-Granados understood the charge, potential penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; was competent to plead; and entered his plea freely and voluntarily.
The magistrate judge also found a sufficient factual basis for the plea and found Cevedo-Granados guilty of the charged offense. The report recommended that the district judge accept the plea and enter a judgment of guilt.
Key Takeaways
- Cevedo-Granados pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge recommended acceptance of the plea after finding Rule 11 compliance, competency, voluntariness, and a factual basis.
- The parties had 14 days to object to the findings and recommendation; sentencing was referred to the presiding district judge.
Why It Matters
The document is a magistrate judge’s findings and recommendation, not the district court’s final acceptance of the plea or sentencing decision. Unless timely objections alter the result, the recommendation supports entry of a judgment of guilt on the illegal-reentry count.