Reported / Citable
Background
Carlos Navil Rodriguez-Banegas appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding. The matter had been referred under a general order for the magistrate judge to take the plea.
After being advised of his right to have a district judge take the plea and receiving the required Rule 11 admonishments, Rodriguez-Banegas pleaded guilty without a plea agreement to Count One, illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
Judge Cordova found that Rodriguez-Banegas knowingly, freely, and voluntarily waived his constitutional and statutory rights; understood the charge and potential penalties; was competent to plead guilty; and admitted facts sufficient to support the plea.
The magistrate judge found Rodriguez-Banegas guilty of the charged offense and recommended that Chief U.S. District Judge Alia Moses accept the guilty plea and enter a judgment of guilt. Sentencing was referred to the presiding district judge.
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 sufficient factual basis supported the plea.
- Parties have 14 days to object to the recommendation; unobjected-to findings may be reviewed on appeal only for plain error if adopted.
Why It Matters
The filing is a recommendation, not the district court’s final acceptance of the plea or a sentencing decision. It places the case on track for the district judge to decide whether to accept the plea and to impose sentence.