Reported / Citable
Background
Wiliams Omar ESPANA-Coca appeared with counsel before U.S. Magistrate Judge Joseph A Cordova to enter a felony guilty plea. The matter had been referred to the magistrate judge under a general order for the taking of the plea.
After being advised that he could have the district judge take his plea, ESPANA-Coca consented to proceed before the magistrate judge. He pleaded guilty, without a plea agreement, to Count One of the indictment, which charged illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
The magistrate judge found that ESPANA-Coca understood the charge, potential penalties, and rights he was waiving; was competent to plead guilty; and entered the plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea and found ESPANA-Coca guilty of the charge to which he pleaded.
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 notified that they had 14 days to object to the findings and recommendation.
Key Takeaways
- ESPANA-Coca pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found that the plea satisfied Rule 11, including competency, voluntariness, understanding of rights and penalties, and a sufficient factual basis.
- The recommendation did not impose a sentence; sentencing remained for the presiding district judge.
Why It Matters
The filing documents the Rule 11 findings supporting acceptance of ESPANA-Coca’s felony guilty plea. It is a magistrate judge’s recommendation to the district judge, not a sentencing decision.
The notice also preserves the parties’ opportunity to seek district-court review by filing timely objections within 14 days.