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United States v. Ortez-Benitez — Magistrate judge recommends accepting guilty plea

Reported / Citable

Case
United States of America v. Jose Antonio Ortez-Benitez
Court
U.S. District Court for the Western District of Texas, Del Rio Division
Judge
Joseph A. Cordova, United States Magistrate Judge
Date Decided
August 27, 2026
Docket No.
2:26-cr-01937
Topics
Illegal reentry; Guilty plea; Rule 11; Magistrate judge recommendation

Background

Jose Antonio Ortez-Benitez was charged with illegal reentry into the United States, in violation of 8 U.S.C. § 1326. The case was referred by general order to Magistrate Judge Joseph A. Cordova to take the defendant’s felony guilty plea.

At an August 27, 2026 hearing, Ortez-Benitez appeared with counsel and consented to having the magistrate judge take his plea. He pleaded guilty to Count One without a plea agreement. Sentencing remains before the presiding district judge.

The Court’s Holding

Magistrate Judge Cordova found that Ortez-Benitez understood the charge, potential penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; was competent to plead; and entered his plea freely and voluntarily.

The magistrate judge also found a sufficient factual basis for the plea and found Ortez-Benitez guilty of the offense to which he pleaded. The judge recommended that the district court accept the guilty plea and enter a judgment of guilt, subject to the parties’ opportunity to object.

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 plea colloquy supported a knowing, voluntary, and competent plea.
  • The filing is a recommendation to the district judge, who will conduct sentencing.

Why It Matters

The recommendation clears the case for district-court review of the guilty plea and subsequent sentencing. Parties have 14 days to file written objections; failure to object may limit appellate review of accepted findings and conclusions to plain error.

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