Reported / Citable
Background
Pedro Antonio Hernandez-Lopez was charged with illegal reentry of a deported alien in violation of 8 U.S.C. § 1326. The district court referred the case to a magistrate judge to take Hernandez-Lopez’s felony guilty plea and allocution under Federal Rule of Criminal Procedure 11.
Hernandez-Lopez appeared with counsel before the magistrate judge on June 25, 2026, and pleaded guilty without a plea agreement. The magistrate judge personally addressed him in open court, gave the required Rule 11 admonishments, and determined that he understood them.
The Court’s Holding
The magistrate judge found that Hernandez-Lopez knowingly, freely, and voluntarily entered the plea with counsel’s advice and was competent to do so. The judge also found that Hernandez-Lopez understood the charge, possible penalties, his constitutional and statutory rights, and the effect of waiving those rights.
The magistrate judge further found a factual basis for the plea and noted that Hernandez-Lopez did not waive his appellate rights. The judge recommended that the district court accept the guilty plea and, after reviewing the presentence investigation report, enter a final judgment of guilt.
Key Takeaways
- The filing is a magistrate judge’s report and recommendation, not a final adjudication accepting the plea.
- Hernandez-Lopez pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the Rule 11 requirements satisfied and recommended acceptance of the plea, subject to the district judge’s final approval and sentencing.
Why It Matters
The report documents the procedural safeguards required before a federal court may accept a felony guilty plea. It also preserves the distinction between the magistrate judge’s role in conducting the plea proceeding and the district judge’s authority to approve the plea, enter judgment, and impose sentence.