Reported / Citable
Background
Nelson Odair Bardales-Sagastume appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for the taking of a felony guilty plea. The case had been referred under a general order pursuant to 28 U.S.C. § 636(b)(3).
After being advised of his right to have a district judge take the plea and receiving Rule 11 admonishments, Bardales-Sagastume pleaded guilty without a plea agreement to Count One: illegal reentry into the United States, in violation of 8 U.S.C. § 1326.
The Court’s Holding
Judge Cordova found that Bardales-Sagastume consented to the magistrate judge’s taking of the plea; understood the charge, penalties, and rights he was waiving; and entered the plea freely and voluntarily. The magistrate judge also found Bardales-Sagastume competent and concluded that a sufficient factual basis supported the plea.
The magistrate judge found Bardales-Sagastume guilty of the charged offense and recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation remained subject to objections within 14 days and referral to the presiding district judge for sentencing.
Key Takeaways
- The defendant pleaded guilty without a plea agreement to illegal reentry under 8 U.S.C. § 1326.
- The magistrate judge found the Rule 11 plea knowing, voluntary, and supported by an adequate factual basis.
- The document is a recommendation to the district judge, not a final district-court acceptance of the plea or sentence.
Why It Matters
The recommendation illustrates the magistrate-judge plea procedure in felony cases when the defendant consents. Any party seeking district-court review had 14 days to file written objections; absent objections, review and later appellate challenges may be limited as stated in the report.