Reported / Citable
Background
Santos Alexis Castro-Aguilar appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Castro-Aguilar that he could have his plea taken by a district judge and gave the Rule 11 admonishments.
Castro-Aguilar consented to the magistrate judge taking his plea and 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 assigned to the presiding district judge.
The Court’s Holding
Judge Cordova found that Castro-Aguilar 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 the plea voluntary and supported by a sufficient factual basis.
The magistrate judge found Castro-Aguilar guilty of the offense to which he pleaded and recommended that the district court accept the plea and enter a judgment of guilt. The recommendation notified the parties that objections are due within 14 days.
Key Takeaways
- The defendant pleaded guilty without a plea agreement to illegal reentry under 8 U.S.C. § 1326.
- The magistrate judge concluded that the Rule 11 plea was knowing, voluntary, and supported by an adequate factual basis.
- The filing is a recommendation; the district judge must decide whether to accept the plea and will conduct sentencing.
Why It Matters
The order preserves the district judge’s ultimate role in accepting the plea and imposing sentence while documenting the magistrate judge’s Rule 11 findings. Parties who seek district-court review must timely object to the recommendation or risk limited appellate review.