Reported / Citable
Background
Gilberto Zavala-Barron appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Zavala-Barron that he could have his plea taken by a district judge and gave the required Rule 11 admonishments.
Zavala-Barron, with counsel’s advice, consented to have the magistrate judge take his plea. He 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 for the presiding district judge.
The Court’s Holding
The magistrate judge found that Zavala-Barron understood the charge, penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; was competent to plead guilty; and entered his plea freely and voluntarily.
The magistrate judge also found a sufficient factual basis for the plea and found Zavala-Barron guilty of the charge to which he pleaded. The court recommended that the district judge accept the guilty plea and enter a judgment of guilt. The parties have 14 days to object to the findings and recommendation.
Key Takeaways
- Zavala-Barron pleaded guilty without a plea agreement to illegal reentry under 8 U.S.C. § 1326.
- The magistrate judge concluded that the Rule 11 plea requirements were satisfied.
- The document is a recommendation; the district judge must decide whether to accept the plea and will conduct sentencing.
Why It Matters
The ruling advances the prosecution to the judgment-and-sentencing stage but does not itself constitute the district judge’s acceptance of the plea. Any objections to the proposed findings must be filed within 14 days.