Reported / Citable
Background
Javier Antonio Aguirre-Murillo appeared with counsel before Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. He consented to having the magistrate judge take his plea, while sentencing was reserved for the presiding district judge.
After receiving Rule 11 admonishments, Aguirre-Murillo pleaded guilty without a plea agreement to Count One, illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
The magistrate judge found that Aguirre-Murillo understood the charge, penalties, and his rights; knowingly and voluntarily waived those rights; was competent to plead guilty; and entered the plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea.
The magistrate judge found Aguirre-Murillo guilty of the charged offense and recommended that the district judge accept the guilty plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing, subject to the parties’ opportunity to object to the recommendation.
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 established a knowing, voluntary, and factually supported plea.
- The document is a recommendation to the district judge, not a final sentencing decision.
Why It Matters
The recommendation clears the case for the district judge to accept the plea, enter judgment, and impose sentence. It also underscores that a magistrate judge may conduct a felony plea proceeding with the defendant’s consent, while the district judge retains sentencing authority.