Reported / Citable
Background
Selvin Mendoza-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 Mendoza-Martinez that he could have his plea taken by the district judge and gave the required Federal Rule of Criminal Procedure 11 admonishments.
With counsel’s advice, Mendoza-Martinez consented to the magistrate judge taking his plea. He 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 before the presiding district judge.
The Court’s Holding
The magistrate judge found that Mendoza-Martinez understood the charge, potential penalties, and his constitutional and statutory rights; voluntarily waived those rights; and was competent to plead guilty. The court also found that the plea was knowing and voluntary and supported by a sufficient factual basis.
Judge Cordova found Mendoza-Martinez guilty of the offense to which he pleaded and recommended that U.S. District Judge Ernest Gonzalez accept the plea and enter a judgment of guilt. The recommendation notified the parties that objections are due within 14 days and that failure to object may limit review.
Key Takeaways
- Mendoza-Martinez pleaded guilty without a plea agreement to illegal reentry under 8 U.S.C. § 1326.
- The magistrate judge found the Rule 11 plea requirements satisfied, including voluntariness, competency, and a factual basis.
- The filing is a findings-and-recommendation document; acceptance of the plea and sentencing are for the district judge.
Why It Matters
The ruling illustrates the magistrate-judge plea process in a felony case: the defendant may consent to the magistrate judge conducting the Rule 11 proceeding, while the district judge retains responsibility for acting on the recommendation and imposing sentence.