Reported / Citable
Background
Kenneth Alfredo Aguilar-Santos appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding. The case had been referred under a general order for the magistrate judge to take the plea.
After receiving Rule 11 advisements, Aguilar-Santos consented to having the magistrate judge take his plea. He pleaded guilty, without a plea agreement, to Count One: illegal reentry into the United States, in violation of 8 U.S.C. § 1326. Sentencing remains before the presiding district judge.
The Court’s Holding
The magistrate judge found that Aguilar-Santos understood the charge, potential penalties, and his constitutional and statutory rights; that he knowingly and voluntarily waived those rights; and that he was competent to plead guilty.
The magistrate judge also found a sufficient factual basis for the plea and found Aguilar-Santos guilty of the charged offense. The report recommends that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The defendant 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 is subject to objections within 14 days, and sentencing will be conducted by the district judge.
Why It Matters
This is a Rule 11 plea recommendation, not a final sentencing decision. If adopted, it will establish Aguilar-Santos’s conviction, while the district judge will determine the sentence.