Reported / Citable
Background
Erick Fernando Hernandez-De La Cruz was charged in an indictment with illegal re-entry in violation of 8 U.S.C. § 1326(a). On June 24, 2026, the defendant appeared before Magistrate Judge Robert F. Castaneda with counsel and entered a plea of guilty to Count One. The defendant consented to enter his guilty plea before the magistrate judge, subject to final approval and sentencing by the presiding United States District Judge.
The Court’s Holding
The magistrate judge found that the defendant fully understood his constitutional rights, including the right to trial, the right to confront witnesses, the right against self-incrimination, and the right to counsel. The court determined that the defendant understood the nature of the charge, the immigration consequences of the plea, and the maximum possible penalties including imprisonment, mandatory minimum sentences, fines, supervised release, forfeiture, and restitution.
The magistrate found that the defendant’s plea was made freely, knowingly, and voluntarily without inducement, threat, force, or coercion. The defendant acknowledged that his counsel explained the immigration consequences of the guilty plea. Based on these findings, the magistrate recommended that the district judge accept the plea of guilty and enter a judgment of guilt, having determined there is a factual basis to support the plea.
Key Takeaways
- Defendant pled guilty to illegal re-entry under 8 U.S.C. § 1326(a)
- Magistrate judge found all elements of a knowing and voluntary plea were satisfied
- Defendant received counsel and was informed of immigration consequences
- Recommendation is pending final approval and sentencing by the district judge
Why It Matters
This proceeding demonstrates the procedural protections required under Federal Rule of Criminal Procedure 11 for guilty pleas in immigration-related offenses. The detailed findings ensure the defendant’s constitutional rights were protected and that the plea was entered with full knowledge of consequences, including the severe collateral immigration consequences inherent in an illegal re-entry conviction.