Reported / Citable
Background
Eric Jasir Mencias-Orellana 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 Mencias-Orellana that he could have his plea taken by the district judge and conducted the Rule 11 colloquy.
Mencias-Orellana pleaded guilty without a plea agreement to Count One, charging illegal reentry into the United States in violation of 8 U.S.C. § 1326. Sentencing remains before Chief U.S. District Judge Alia Moses.
The Court’s Holding
The magistrate judge found that Mencias-Orellana knowingly and voluntarily consented to the magistrate judge taking his plea; understood the charge, penalties, and rights he was waiving; was competent; and entered his plea freely and voluntarily.
The magistrate judge also found a sufficient factual basis for the plea and found Mencias-Orellana guilty of the charged offense. The recommendation, however, was that the district judge accept the guilty plea and enter a judgment of guilt; it was not itself a final acceptance by the district judge.
Key Takeaways
- Mencias-Orellana pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the Rule 11 requirements satisfied, including competency, voluntariness, and a factual basis.
- The parties have 14 days to object to the findings and recommendation before district-court review.
Why It Matters
The ruling illustrates the common use of magistrate judges to conduct felony plea proceedings with a defendant’s consent, while reserving final acceptance and sentencing for the district judge. Because this document is a findings-and-recommendation order, its proposed acceptance of the plea remains subject to objections and district-court action.