Reported / Citable
Background
Darmin Francisco Valladares-Garcia appeared with counsel before Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Valladares-Garcia that he could have his plea taken by the district judge and gave the Rule 11 admonishments.
With counsel’s advice, Valladares-Garcia consented to the magistrate judge taking his plea. He pleaded guilty, without a plea agreement, to Count One of the indictment: illegal reentry into the United States, in violation of 8 U.S.C. § 1326.
The Court’s Holding
The magistrate judge found that Valladares-Garcia understood the charge, potential penalties, and his constitutional and statutory rights; voluntarily waived those rights; and was competent to plead guilty. The judge also found that the plea was knowing and voluntary and supported by a sufficient factual basis.
The magistrate judge found Valladares-Garcia guilty of the charged offense and recommended that the district court accept the plea and enter a judgment of guilt. The matter was referred to Chief U.S. District Judge Alia Moses for sentencing.
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 plea requirements satisfied.
- The recommendation remained subject to objections and district-court review before acceptance and sentencing.
Why It Matters
The filing is a magistrate judge’s findings and recommendation, not a final sentencing decision. It documents a valid guilty plea and recommends its acceptance, while preserving the parties’ 14-day period to object.