Reported / Citable
Background
Alejandro Morales-Salinas 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 Morales-Salinas of his right to have the plea taken by the district judge and conducted the required Federal Rule of Criminal Procedure 11 colloquy.
Morales-Salinas consented to the magistrate judge taking 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 remains for the presiding district judge.
The Court’s Holding
The magistrate judge found that Morales-Salinas understood the charge, 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 judge also found a sufficient factual basis for the guilty plea.
Judge Cordova found Morales-Salinas guilty of the charged offense and recommended that the district court accept the plea and enter a judgment of guilt. The recommendation is subject to objections within 14 days, after which the district court will address the recommendation and conduct sentencing.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge concluded that the Rule 11 requirements were satisfied and that a factual basis supported the plea.
- The filing is a findings-and-recommendation document; the district judge must decide whether to accept the plea and will impose sentence.
Why It Matters
The decision reflects the common use of magistrate judges to conduct felony plea proceedings with a defendant’s consent, while leaving final acceptance and sentencing to the district judge. It also preserves the parties’ opportunity to object to the recommendation before district-court review.