Reported / Citable
Background
Adrian Ortega-Martinez was charged with illegal reentry under 8 U.S.C. § 1326(a) and (b)(1). On July 13, 2026, he appeared with counsel before a magistrate judge and pleaded guilty to Count One pursuant to a plea agreement.
Ortega-Martinez consented to entering his plea before a magistrate judge, subject to final approval and sentencing by the presiding district judge. The magistrate judge conducted the required Federal Rule of Criminal Procedure 11 inquiry.
The Court’s Holding
The magistrate judge found Ortega-Martinez competent and concluded that his plea was knowing, voluntary, and supported by a factual basis. The judge also found that Ortega-Martinez understood the charge, potential penalties, immigration consequences, trial rights, advisory Sentencing Guidelines, and sentencing factors under 18 U.S.C. § 3553(a).
The magistrate judge further found that Ortega-Martinez understood his plea agreement, including its waiver of appellate and collateral-review rights and the provision preventing withdrawal of the plea if the sentencing court declined to apply requested sentencing adjustments. Based on those findings, the magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The ruling is a report and recommendation, not final acceptance of the plea or a sentencing decision.
- The magistrate judge found that Ortega-Martinez knowingly and voluntarily waived his trial rights and entered the plea with an adequate factual basis.
- Failure to object before sentencing may bar de novo review by the district judge and appellate review of adopted factual findings.
Why It Matters
The report documents the Rule 11 safeguards required before a federal guilty plea may be accepted, including confirmation that the defendant understands the charge, available rights, sentencing exposure, immigration consequences, and appeal waiver.
The district judge retains responsibility for finally accepting the plea, entering judgment, and imposing sentence.