Reported / Citable
Background
Kevin Gerardo Garcia Varela appeared with counsel before a U.S. magistrate judge to enter a felony guilty plea. He consented to having the magistrate judge take the plea after being advised that he had the right to have the district judge do so.
After receiving the required Federal Rule of Criminal Procedure 11 admonishments, Garcia Varela pleaded guilty without a plea agreement to Count One of the indictment, which charged illegal reentry into the United States in violation of 8 U.S.C. § 1326. Sentencing remained for the presiding district judge.
The Court’s Holding
The magistrate judge found that Garcia Varela understood the charge, potential penalties, and the constitutional and statutory rights he was waiving. The judge further found that Garcia Varela was competent, that his plea was knowing and voluntary, and that a sufficient factual basis supported it.
The magistrate judge found Garcia Varela guilty of the charge to which he pleaded and recommended that the district judge accept the guilty plea and enter a judgment of guilt. The findings and recommendation also noted that Garcia Varela may be subject to restitution and advised the parties that written objections were due within 14 days of receipt.
Key Takeaways
- Garcia Varela pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, factually supported, and entered by a competent defendant.
- The recommendation left acceptance of the plea, entry of judgment, and sentencing to the presiding district judge.
Why It Matters
The recommendation records the Rule 11 findings required before a federal felony guilty plea may be accepted. It does not impose a sentence; the matter was referred to the district judge for sentencing after consideration of the recommendation and any timely objections.