Reported / Citable
Background
Jose Manuel Ordaz-Cortes was charged in Count One of an indictment with illegal reentry, in violation of 8 U.S.C. § 1326(a).
At a September 1, 2026 plea hearing, Ordaz-Cortes appeared with counsel and pleaded guilty after receiving the admonishments required by Federal Rule of Criminal Procedure 11. He consented to entering the plea before a magistrate judge, subject to final approval and sentencing by the presiding district judge.
The Court’s Holding
Magistrate Judge Robert F. Castaneda found that Ordaz-Cortes was competent and that his guilty plea was knowing, voluntary, and supported by a factual basis. The court found that he understood the charge, the trial rights he was waiving, the possible penalties, the immigration consequences, and the advisory nature of the Sentencing Guidelines.
The magistrate judge recommended that the district judge accept the plea and enter a judgment of guilt. The report did not itself finally accept the plea or impose sentence.
Key Takeaways
- The recommendation concerns a guilty plea to illegal reentry under 8 U.S.C. § 1326(a).
- The magistrate judge found full Rule 11 compliance and a voluntary, factually supported plea.
- Final acceptance of the plea and sentencing remain with the presiding district judge.
Why It Matters
The report preserves the division of responsibility in a felony plea proceeding conducted before a magistrate judge: the magistrate judge evaluates the plea colloquy and recommends acceptance, while the district judge retains final approval and sentencing authority.