Reported / Citable
Background
Dany Josue Alexander Cuc-Mucu was charged with illegal reentry into the United States in violation of 8 U.S.C. § 1326. The matter was referred by general order to U.S. Magistrate Judge Joseph A Cordova to take Cuc-Mucu’s felony guilty plea.
On July 2, 2026, Cuc-Mucu appeared with counsel and consented to have the magistrate judge take his plea. After receiving the required Rule 11 admonishments, he pleaded guilty to Count One without a plea agreement.
The Court’s Holding
The magistrate judge found that Cuc-Mucu understood the charge, possible penalties, and the rights he was waiving; was competent to plead; and entered the plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea and found Cuc-Mucu guilty of the charge to which he pleaded.
Based on those findings, the magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing, and the parties were given 14 days to object to the findings and recommendation.
Key Takeaways
- Cuc-Mucu pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge concluded that the plea satisfied Rule 11 and was knowing, voluntary, competent, and supported by a sufficient factual basis.
- The recommendation remained subject to review by the district judge, who would also conduct sentencing.
Why It Matters
The recommendation documents the procedural safeguards required before a federal felony guilty plea may be accepted. It also preserves the distinction between the magistrate judge’s role in taking the plea and recommending acceptance and the district judge’s authority to accept the plea, enter judgment, and impose sentence.