Reported / Citable
Background
Hilario Fernandez-Hernandez was charged with illegal reentry into the United States in violation of 8 U.S.C. § 1326. The matter was referred by general order to a U.S. magistrate judge to conduct the felony guilty-plea proceeding.
Fernandez-Hernandez appeared with counsel and consented to having 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 Fernandez-Hernandez understood the charge, potential penalties, and rights he was waiving; was competent; and entered the plea freely and voluntarily. The judge also found a sufficient factual basis for the plea and found Fernandez-Hernandez guilty of the charge to which he pleaded.
The magistrate judge 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
- Fernandez-Hernandez pleaded guilty to illegal reentry under 8 U.S.C. § 1326 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, with sentencing reserved for the district judge.
Why It Matters
The recommendation records the Rule 11 findings required before the district court may accept Fernandez-Hernandez’s felony guilty plea. It does not impose a sentence; that determination remains with the presiding district judge.