Reported / Citable
Background
Jose Adilcar Ramirez-Cortez appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova to enter a felony guilty plea. The matter had been referred under a general order for the magistrate judge to conduct the plea proceeding pursuant to 28 U.S.C. § 636(b)(3).
After being advised that he could have the district judge take his plea, Ramirez-Cortez consented to proceeding before the magistrate judge. He pleaded guilty, without a plea agreement, to Count One of the indictment, which charged illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
Following the Rule 11 colloquy, the magistrate judge found that Ramirez-Cortez understood the charge, potential penalties, and the rights he was waiving. The judge also found that the plea was knowing, free, and voluntary; that Ramirez-Cortez was competent; and that the plea had a sufficient factual basis.
The magistrate judge recommended that the district court accept the guilty plea and enter a judgment of guilt. Sentencing was referred to the presiding district judge, and the parties were advised that they had 14 days to object to the findings and recommendation.
Key Takeaways
- Ramirez-Cortez pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found that the Rule 11 requirements were satisfied and that the plea was supported by a sufficient factual basis.
- The recommendation remained subject to district-court review, with sentencing to be conducted by the presiding district judge.
Why It Matters
The findings document the procedural safeguards required before a federal felony guilty plea may be accepted, including confirmation of competence, voluntariness, understanding of the charge and penalties, waiver of rights, and a factual basis for the plea.
The recommendation also reflects the division of responsibility in a referred plea proceeding: the magistrate judge conducted the Rule 11 hearing and recommended acceptance, while the district judge retained responsibility for final action and sentencing.