Reported / Citable
Background
Juan Alberto Orellana-Martinez 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 Orellana-Martinez of his right to have the plea taken by a district judge and conducted the Rule 11 colloquy.
Orellana-Martinez pleaded guilty, without a plea agreement, to Count One: illegal reentry into the United States in violation of 8 U.S.C. § 1326. Sentencing was reserved for the presiding district judge.
The Court’s Holding
The magistrate judge found that Orellana-Martinez understood the charge, potential penalties, and his constitutional and statutory rights; voluntarily waived those rights; was competent to plead; and entered the plea freely and voluntarily.
The magistrate judge also found a sufficient factual basis for the plea, found Orellana-Martinez guilty of the charged offense, and recommended that the district judge accept the plea and enter a judgment of guilt. The recommendation remained subject to objections and district-court review.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the Rule 11 requirements satisfied and a sufficient factual basis for the plea.
- The magistrate judge recommended acceptance of the plea; the district judge will conduct sentencing.
Why It Matters
The recommendation clears the case for district-court acceptance of the plea and sentencing. Parties have 14 days to object; unobjected-to findings generally receive only plain-error review on appeal after acceptance.