Reported / Citable
Background
Sergio Armando Nerio-Rodriguez appeared with counsel before Magistrate Judge Joseph A. Cordova for the taking of a felony guilty plea. The case had been referred under a general order, and Nerio-Rodriguez consented to having the magistrate judge conduct the plea proceeding.
After Rule 11 admonishments, Nerio-Rodriguez pleaded guilty without a plea agreement to Count One of the indictment: assaulting, resisting, or impeding certain officers or employees, in violation of 18 U.S.C. § 111(a)(1). Sentencing remains with the presiding district judge.
The Court’s Holding
The magistrate judge found that Nerio-Rodriguez understood the charge, potential penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; and was competent to plead guilty. The court also found a sufficient factual basis for the plea.
Based on those findings, the magistrate judge found Nerio-Rodriguez guilty of the charged offense and recommended that the district court accept the plea and enter a judgment of guilt. The recommendation advised the parties that objections must be filed within 14 days.
Key Takeaways
- Nerio-Rodriguez pleaded guilty to violating 18 U.S.C. § 111(a)(1), without a plea agreement.
- The magistrate judge concluded that the Rule 11 plea requirements were satisfied.
- The district judge will conduct sentencing, and the parties may object to the recommendation within 14 days.
Why It Matters
The filing is a plea-stage recommendation, not a sentencing decision. It documents findings supporting acceptance of an unagreed guilty plea while preserving the parties’ opportunity to seek district-court review through timely objections.