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United States v. Duran-Henriquez — Magistrate judge recommended accepting guilty plea to illegal reentry

Reported / Citable

Case
United States of America v. Franklin Duran-Henriquez
Court
U.S. District Court for the Western District of Texas, El Paso Division
Judge
Miguel A. Torres, United States Magistrate Judge
Date Decided
October 26, 2026
Docket No.
3:26-cr-02545
Topics
Illegal Reentry; Guilty Plea; Rule 11; Immigration Consequences

Background

Franklin Duran-Henriquez appeared with counsel before a magistrate judge and pleaded guilty to an indictment charging illegal reentry in violation of 8 U.S.C. § 1326(a). He consented to entering the plea before a magistrate judge, subject to the presiding district judge’s final approval and sentencing.

During the plea proceeding, the magistrate judge advised Duran-Henriquez of the rights he would surrender by pleading guilty, the nature of the charge, the possible penalties, the immigration consequences, and the role of the advisory Sentencing Guidelines and the factors under 18 U.S.C. § 3553(a).

The Court’s Holding

The magistrate judge found that Duran-Henriquez was competent and that his guilty plea was knowing, voluntary, and supported by a factual basis. The judge also found that the plea was not induced by promises, threats, force, or threats of force.

Based on those findings, the magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The report and recommendation did not itself finally accept the plea, adjudicate guilt, or impose a sentence.

Key Takeaways

  • Duran-Henriquez pleaded guilty to illegal reentry under 8 U.S.C. § 1326(a).
  • The magistrate judge concluded that the plea satisfied Rule 11 and was knowing, voluntary, and factually supported.
  • Acceptance of the plea and entry of judgment remained subject to action by the presiding district judge.

Why It Matters

The recommendation documents the Rule 11 safeguards used to ensure that a defendant understands the charge, trial rights, sentencing exposure, and immigration consequences before pleading guilty.

It also underscores the limited procedural effect of a magistrate judge’s recommendation: the district judge retains responsibility for final acceptance of the plea, entry of judgment, and sentencing.

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