Reported / Citable
Background
Jose Luis Aguillon-Lopez was charged with illegal reentry into the United States in violation of 8 U.S.C. § 1326. Under a general referral order, the matter came before U.S. Magistrate Judge Joseph A Cordova for the taking of a felony guilty plea.
At the July 2, 2026 hearing, Aguillon-Lopez appeared with counsel and consented to have the magistrate judge take his plea. After receiving the required Rule 11 admonishments, he pleaded guilty to Count One without a plea agreement.
The Court’s Holding
The magistrate judge found that Aguillon-Lopez understood the charge, possible penalties, and the constitutional and statutory rights he was waiving. The judge also found that Aguillon-Lopez was competent, that his plea was knowing and voluntary, and that a sufficient factual basis supported it.
The magistrate judge found Aguillon-Lopez guilty of the charge and recommended that the district judge accept the guilty plea and enter a judgment of guilt. The case was referred to the presiding district judge for sentencing, and the parties were advised that objections to the findings and recommendation were due within 14 days of receipt.
Key Takeaways
- Aguillon-Lopez pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge concluded that the plea satisfied Rule 11 and was supported by a sufficient factual basis.
- The recommendation remained subject to review by the district judge, who would conduct sentencing.
Why It Matters
The findings document the procedural safeguards required before a federal felony guilty plea may be accepted, including confirmation of competence, voluntariness, understanding of the charge and penalties, waiver of rights, and a factual basis for the plea.
The recommendation also preserves the distinction between the magistrate judge’s role in conducting the plea proceeding and the district judge’s authority to accept the recommendation, enter judgment, and impose sentence.