Reported / Citable
Background
Elmer Joel Garay-Barela was charged in the Western District of Texas 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 felony guilty plea.
At an August 27, 2026 hearing, Garay-Barela appeared with counsel and consented to having the magistrate judge take his plea. He pleaded guilty without a plea agreement to Count One of the indictment.
The Court’s Holding
After conducting the Rule 11 colloquy, Magistrate Judge Cordova found that Garay-Barela understood the charge, potential penalties, and his constitutional and statutory rights, and that he knowingly and voluntarily waived those rights.
The magistrate judge also found Garay-Barela competent, concluded that a sufficient factual basis supported the plea, and found him guilty of the charged offense. The judge recommended that the district court accept the guilty plea and enter a judgment of guilt; sentencing remains for the presiding district judge.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, and supported by a sufficient factual basis.
- The filing is a recommendation to the district judge, with objections due within 14 days.
Why It Matters
The recommendation clears the way for the district court to accept Garay-Barela’s guilty plea and proceed to sentencing. Parties who do not timely object risk forfeiting de novo review and generally may challenge unobjected-to findings on appeal only for plain error.