Reported / Citable
Background
Betty Xiomara Caballero-Maldonado 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 being advised under Federal Rule of Criminal Procedure 11, Caballero-Maldonado consented to having the magistrate judge take her plea. She 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 Caballero-Maldonado understood the charge, potential penalties, and her constitutional and statutory rights; voluntarily waived those rights; and was competent to plead guilty. The court also found that the plea was knowing and voluntary and supported by a sufficient factual basis.
The magistrate judge found Caballero-Maldonado guilty of the charged offense and recommended that the district judge accept the guilty plea and enter a judgment of guilt. Sentencing was referred to the presiding district judge, Ernest Gonzalez.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge concluded that the Rule 11 plea colloquy established a knowing, voluntary, and factually supported plea.
- The ruling was a recommendation: the district judge remained responsible for accepting the plea, entering judgment, and sentencing.
Why It Matters
The decision reflects the magistrate-judge plea process in felony cases when the defendant consents and the district court retains authority over final acceptance and sentencing. It also preserves the parties’ opportunity to object within 14 days; absent timely objections, the opinion warns that review may be limited under the cited authorities.