Reported / Citable
Background
Gerardo Daniel Cardona-Cabrales appeared with counsel before a U.S. magistrate judge on July 8, 2026, to enter a felony guilty plea. The matter had been referred to the magistrate judge for the taking of the plea under 28 U.S.C. § 636(b)(3) and United States v. Dees.
After being advised that he could have the district judge take his plea, Cardona-Cabrales consented to proceed before the magistrate judge. He then pleaded guilty, without a plea agreement, to Count One of the indictment, which charged illegal reentry into the United States.
The Court’s Holding
The magistrate judge found that Cardona-Cabrales understood the charge, possible penalties, and the constitutional and statutory rights he was waiving. The judge also found that Cardona-Cabrales was competent, that his plea was knowing and voluntary, and that the plea had a sufficient factual basis.
Based on those findings, the magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing, and the parties were advised that they had 14 days to object to the findings and recommendation.
Key Takeaways
- Cardona-Cabrales pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, competent, and supported by a sufficient factual basis.
- The recommendation was to accept the plea and enter judgment; sentencing remained for the presiding district judge.
Why It Matters
The recommendation documents compliance with Rule 11 before acceptance of a felony guilty plea taken by a magistrate judge. It also preserves the district judge’s role in accepting the recommendation and imposing sentence.