Reported / Citable
Background
Jose Maria Sagastume-Pineda appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding. The matter had been referred to the magistrate judge to take the plea.
After receiving Rule 11 admonishments, Sagastume-Pineda 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 before the presiding district judge.
The Court’s Holding
Judge Cordova found that Sagastume-Pineda consented to having the magistrate judge take his plea; understood the charge, penalties, and rights he waived; was competent; and entered the plea knowingly, freely, and voluntarily.
The magistrate judge also found a sufficient factual basis for the plea and found Sagastume-Pineda guilty of Count One. The report and recommendation recommends that the district judge accept the plea and enter a judgment of guilt.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the Rule 11 requirements satisfied and a factual basis for the plea.
- The recommendation is subject to objections and awaits action by the district judge.
Why It Matters
This is a guilty-plea recommendation, not a final acceptance order or sentencing decision. Unless timely objections are filed, the district judge may accept the recommendation and proceed to sentencing.