Reported / Citable
Background
Jorge Alexis Vargas Dubon was charged in a one-count indictment filed July 2, 2026. Count One charged illegal reentry after removal from the United States, in violation of 8 U.S.C. § 1326(a).
Vargas Dubon appeared before U.S. Magistrate Judge Rebecca Rutherford by consent and entered a guilty plea under Federal Rule of Criminal Procedure 11.
The Court’s Holding
After advising and examining Vargas Dubon under oath on the Rule 11 subjects, Judge Rutherford determined that his plea was knowing and voluntary. The magistrate judge also found an independent factual basis supporting each essential element of the charged offense.
Judge Rutherford recommended that the district judge accept the guilty plea, adjudge Vargas Dubon guilty of illegal reentry after removal, and impose sentence accordingly. The report did not itself accept the plea or enter judgment, and it advised that objections were due within 14 days.
Key Takeaways
- The magistrate judge found the Rule 11 plea colloquy adequate.
- The recommendation rests on a finding that the plea was knowing, voluntary, and factually supported.
- The assigned district judge must act on the recommendation; timely objections may be filed within 14 days.
Why It Matters
The ruling advances the prosecution from charge to plea disposition but leaves final acceptance of the plea and adjudication to the district judge. It also preserves the parties’ opportunity to object under 28 U.S.C. § 636(b)(1)(B).