Reported / Citable
Background
Hector Rene Aguilar appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding. Aguilar consented to having the magistrate judge take his plea, while sentencing remains with the presiding district judge.
After Rule 11 advisements, Aguilar pleaded guilty without a plea agreement to Count One, illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
The magistrate judge found that Aguilar understood the charge, penalties, and the rights he was waiving; was competent; and entered his plea knowingly, freely, and voluntarily. The judge also found a sufficient factual basis for the plea.
The magistrate judge found Aguilar guilty of the charged offense and recommended that the district judge accept the plea and enter a judgment of guilt. The recommendation is subject to objections within 14 days.
Key Takeaways
- Aguilar pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge concluded that the Rule 11 requirements were satisfied.
- The district judge, not the magistrate judge, will sentence Aguilar and decide whether to accept the recommendation.
Why It Matters
The filing is a report and recommendation, not a final district-court acceptance of the plea. It preserves the parties’ opportunity to object before the presiding district judge acts and sentencing proceeds.