Reported / Citable
Background
David Guadalupe Garcia-Moreno was charged with illegal reentry into the United States in violation of 8 U.S.C. § 1326. The case was referred by general order to a United States magistrate judge to take Garcia-Moreno’s felony guilty plea.
Garcia-Moreno and his counsel appeared before the magistrate judge on July 2, 2026. After being advised that he could have the district judge take his plea, Garcia-Moreno consented to proceeding before the magistrate judge and pleaded guilty to Count One without a plea agreement.
The Court’s Holding
The magistrate judge found that Garcia-Moreno understood the charge, potential penalties, and the constitutional and statutory rights he was waiving. The judge further found that Garcia-Moreno was competent, that his plea was knowing and voluntary, and that the plea had a sufficient factual basis.
The magistrate judge found Garcia-Moreno guilty of the charge and 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 objections to the findings and recommendation were due within 14 days.
Key Takeaways
- Garcia-Moreno pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge concluded that the Rule 11 requirements were satisfied and that the plea was knowing, voluntary, and supported by a sufficient factual basis.
- The recommendation was not the sentencing decision; sentencing remained before the presiding district judge.
Why It Matters
The findings document the procedural safeguards required before a federal felony guilty plea may be accepted. They also illustrate the magistrate judge’s role in conducting the plea hearing and recommending acceptance while leaving sentencing to the district judge.