Reported / Citable
Background
Diego Oliver Ramirez-Garcia 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 U.S. Magistrate Judge Joseph A Cordova to take Ramirez-Garcia’s felony guilty plea.
Ramirez-Garcia appeared with counsel and consented to have the magistrate judge take his plea. After receiving the required Federal Rule of Criminal Procedure 11 admonishments, he pleaded guilty to Count One without a plea agreement.
The Court’s Holding
The magistrate judge found that Ramirez-Garcia understood the charge, potential penalties, and rights he was waiving; entered the plea freely and voluntarily; was competent to plead guilty; and admitted facts sufficient to support the plea. The magistrate judge also noted that Ramirez-Garcia acknowledged he could be subject to restitution.
Based on those findings, the magistrate judge 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 they had 14 days to object to the findings and recommendation.
Key Takeaways
- Ramirez-Garcia pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, competent, and supported by a sufficient factual basis.
- The recommendation does not impose a sentence; sentencing remains for the presiding district judge.
Why It Matters
The findings document the Rule 11 safeguards required before a federal felony guilty plea may be accepted. They also preserve the distinction between a magistrate judge’s role in conducting the plea proceeding and the district judge’s authority to accept the recommendation, enter judgment, and sentence the defendant.