Reported / Citable
Background
Paul Maley Rubio-Aguilar was charged in Count One of an indictment with illegal reentry into the United States, in violation of 8 U.S.C. § 1326.
The case was referred to Magistrate Judge Joseph A. Cordova to take Rubio-Aguilar’s felony guilty plea. On August 27, 2026, Rubio-Aguilar and counsel appeared in open court. He consented to plea proceedings before the magistrate judge, while sentencing remained for Chief U.S. District Judge Alia Moses.
The Court’s Holding
After giving the defendant the required Rule 11 admonitions, the magistrate judge found that Rubio-Aguilar understood the charge, penalties, and his rights; knowingly and voluntarily waived those rights; was competent; and entered his plea freely and voluntarily.
Rubio-Aguilar pleaded guilty without a plea agreement to Count One. The magistrate judge found a sufficient factual basis for the plea and found him guilty of the charged offense. The court recommended 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 sufficient factual basis for the plea.
- The recommendation is subject to objections within 14 days, and sentencing remains before the presiding district judge.
Why It Matters
The filing is a report and recommendation, not the district court’s final acceptance of the plea or a sentencing decision. Unless timely objections alter the outcome, it positions the case for the district judge to accept the plea, enter judgment, and proceed to sentencing.