Reported / Citable
Background
Jose Angel Guzman-Dolmo 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 Guzman-Dolmo of his right to have the plea taken by a district judge and gave the required Federal Rule of Criminal Procedure 11 admonishments.
With counsel’s advice, Guzman-Dolmo consented to the magistrate judge’s taking of the plea. He pleaded guilty, without a plea agreement, to Count One: 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 Guzman-Dolmo understood the charge, potential penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; was competent to plead; and entered the plea freely and voluntarily.
The magistrate judge further found a sufficient factual basis for the plea, found Guzman-Dolmo guilty of the charged offense, and noted that he may be subject to restitution. The magistrate judge recommended that the district court accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- This is a recommendation to the district judge, not a final district-court acceptance of the plea.
- Guzman-Dolmo pleaded guilty without a plea agreement to illegal reentry under 8 U.S.C. § 1326.
- The parties have 14 days to object; absent objections, review and appellate challenges are limited as stated in the recommendation.
Why It Matters
The recommendation clears the case for the district judge to determine whether to accept the plea and to impose sentence. It also reflects the Rule 11 findings supporting a guilty plea taken by a magistrate judge with the defendant’s consent.