Reported / Citable
Background
Cassandra Paola Pescador-Ortega was charged in Count One of an indictment with illegal reentry under 8 U.S.C. § 1326(a). She appeared with counsel before U.S. Magistrate Judge Robert F. Castaneda and pleaded guilty.
The defendant consented to enter her plea before the magistrate judge, subject to final approval and sentencing by the presiding district judge. The magistrate judge conducted the Rule 11 plea colloquy.
The Court’s Holding
Judge Castaneda found that Pescador-Ortega understood her trial rights, the charge, the immigration consequences of her plea, and the potential penalties. The court also found that she was competent and that her plea was knowing, voluntary, and unsupported by threats or promises.
The magistrate judge further found a factual basis for the plea and recommended that the district judge accept the guilty plea and enter a judgment of guilt. The report did not itself finally accept the plea or impose sentence.
Key Takeaways
- The magistrate judge recommended acceptance of Pescador-Ortega’s guilty plea to illegal reentry under 8 U.S.C. § 1326(a).
- The recommendation followed a Rule 11 colloquy and findings that the plea was competent, knowing, free, and voluntary.
- Final approval of the plea and sentencing remained for the presiding district judge.
Why It Matters
The report preserves the distinction between a magistrate judge’s plea recommendation and the district judge’s final action. It also warns that written objections filed before sentencing are necessary to preserve challenges to factual findings adopted by the district judge.