Reported / Citable
Background
Juan Jose Lopez-Calix 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 Lopez-Calix that he could have a district judge take his plea and gave the required Federal Rule of Criminal Procedure 11 admonishments.
Lopez-Calix, with counsel’s advice, consented to having the magistrate judge take the plea. He 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 for the presiding district judge.
The Court’s Holding
The magistrate judge found that Lopez-Calix 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 that the plea was voluntary and supported by a sufficient factual basis.
Accordingly, the magistrate judge found Lopez-Calix guilty of the charged offense and recommended that the district judge accept the guilty plea and enter a judgment of guilt. The recommendation remains subject to objections and district-court review.
Key Takeaways
- Lopez-Calix pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge concluded that the Rule 11 plea colloquy established a knowing, voluntary, and factually supported plea.
- The magistrate judge recommended acceptance of the plea; the presiding district judge will conduct sentencing.
Why It Matters
The filing is a magistrate judge’s findings and recommendation, not a final district-court acceptance or sentencing decision. Parties have 14 days to object; absent timely objections, review may be limited under the notice accompanying the recommendation.