Reported / Citable
Background
Francisco Javier Avalos-Avalos appeared with counsel before a magistrate judge to enter a felony guilty plea. The case had been referred under a general order for the taking of the plea.
After being advised of his right to have the plea taken by a district judge and receiving Federal Rule of Criminal Procedure 11 admonishments, Avalos-Avalos 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
Magistrate Judge Joseph A. Cordova found that Avalos-Avalos consented to the magistrate judge’s taking of the plea, understood the charge, penalties, and rights he was waiving, and entered the plea freely and voluntarily.
The magistrate judge further found Avalos-Avalos competent and concluded that a sufficient factual basis supported the plea. The judge found him guilty of the charged offense and recommended that the district court accept the plea and enter a judgment of guilt; sentencing remains for the presiding district judge.
Key Takeaways
- The magistrate judge recommended acceptance of Avalos-Avalos’s guilty plea to illegal reentry under 8 U.S.C. § 1326.
- The plea was entered without a plea agreement after Rule 11 advisements.
- Parties have 14 days to object to the findings and recommendation.
Why It Matters
The ruling records the Rule 11 findings supporting a guilty plea while preserving the district judge’s authority to accept the recommendation and impose sentence. Any timely objections may affect the district court’s review of the recommendation.